The Ninth Amendment of the Constitution - question for DU Constitutional scholars
It's an interesting one - basically protects rights that are not ennumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Roe v Wade arguments referenced the 9th in the argument that childbearing decisions are protected right of privacy for the woman involved.
I'm no Constitutional scholar, but isn't DT doing exactly this: "using the Constitution to deny or disparage other rights retained by the people?"
His declaration of non-emergencies, and executive orders that are repeatedly struck down by the courts.
His abuse of "executive privilege" to keep from the elected representatives of the people from their duty to investigate evidence of his wrongdoing.
His use of his office to block international and federal laws protecting the rights refugees and asylum seekers to be given due process.
His use of his office to block funding to medical providers who have a professional duty to give a woman full information on her legal options concerning childbearing, including her right to an abortion.
Just spitballing here, and I'm sure that someone in Congress must have thought of this line of legislative pushback, but does anyone here with some Constitutional law background think this has merit?