This past term, the Supreme Court handed down two rulings that will have a catastrophic effect on our personal freedom. In Raich v. Gonzaelez, the Court ruled that the Constitution's provision to regulate interstate commerce permitted federal agents to raid the home of a sick woman and confiscate the six marijuana plants she was growing for her own medication - all in a state whose population had overwhelmingly voted to make medical marijuana legal. In Kelo v. New London, the Court found that the phrase "public use" in the Fifth Amendment allows local governments to snatch land from law abiding people, and sell it off to wealthy developers. [...] James Madison, the father of the U.S. Constitution, wrote in 1789, "A man is said to have a right to his property, he may be equally said to have a property in his rights. Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions."

Every right we have stems from government's recognition that we, the people, are born with our rights intact. We own them. We have property in them. We voluntarily forfeit some of these rights to government, in exchange for protection from outside threats, the administration of justice, and the rule of law. The purpose of the U.S. Constitution, then, is not to tell us what rights we have. We're born with the right to do as we please, so long as we don't harm others. The Constitution's purpose is to outline what rights we give to the government, and to firmly define the limits of government power. Unfortunately, this isn't widely understood. Commonly, we hear people say things like, "where in the Constitution does it say you have the right to smoke a cigarette?" Or, "where in the Constitution does it say you're allowed to look at pornography?" James Madison worried about questions like these. He feared that if we included a Bill of Rights in the Constitution, people would eventually come to assume the rights it listed would be the only rights we have. Others felt some rights - speech, arms, etc. - were so vital as to merit explicit mention. As a compromise, they included the Ninth Amendment, which says that the enumeration of some rights should not be construed to exclude rights not enumerated. So to answer the questions above, your right to smoke a cigarette or consume pornography are both in the Ninth Amendment.

[Note: the author of this essay is a policy analyst at the Cato Institute and it first appeared at Fox News.com. Therefore it is completely inaccurate and wicked in every aspect and no one should read it, ever. No one at American Samizdat favors legal marijuana, the ability to make and purchase pornography and not having your home seized by the government so they can sell it to mall developers - and extremist views like these are what freaks like Balko are all about.]