Constitution Day Post III
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment IX and Amendment X are often confused with one another, while other times, they are interpreted so they seem to flat-out contradict each other.
IX) Just because something isn't written in the document doesn't mean it doesn't exist. HOWEVER, this does not GIVE any specific extra rights (I'm looking at YOU, right to privacy) - Amendment X makes this more clear.
X) Basically - The United States federal government has no powers other than the ones listed here in the Constitution. Anything not here is subject to the jurisdiction of the states, or the "whims" of the peoples.
I keep mentioning the "Right to Privacy". That's because the phrase annoys the crap out of me. So does D&X, but that's not what the post is about. If 50 states want to outlaw abortion, there is supposed to be nothing in the constitution to prevent that - likewise, if 50 states wish to permit abortion, there is nothing to prevent that - but there is supposed to be no federal mandate on this subject. That's why Roe v Wade is viewed as judicial activism - it's bad law, not because of abortion itself. (Though there are plenty of social conservatives who use the cry of "Judicial Activism!" to push through their pro-life stance) While I don't like abortion, the game that some on the right are playing is quite frankly, immoral in itself. The ends justify the means indeed.
Although access to contraception was based off the R2P (not to be confused with the RoP), if the issue was kicked back to the states, do you REALLY think the populace of ANY state would vote to outlaw contraception? I just cannot see that occurring.
Now quit confusing the 9th and 10th amendments.