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E-book Baby Ninth Amendments : How Americans Embraced Unenumerated Rights and Why It Matters
Take an average American. We will call her “Jane.” Think about what she may have done yesterday.Jane rose at a time best suited to her schedule for the day so she could walk her dog, get the kids breakfast and off to school, or get to work. Or maybe she was lucky enough to sleep in.She ate a breakfast that conformed to her cravings, or health needs, or budget.She got ready, choosing clothes best suited for her plans for that day.Then Jane went to an office, or went in search of work, or went to school. Perhaps she took her child to school, which might be a school she chose for the child over other options.When she returned home she pored over her stamp collection or tended to her garden, or attended to some DIY home repairs, or played with the dog in the yard. Perhaps that was followed by poker with some friends, having someone over to dinner, or playing a late-night basketball game at the local gym. Just before bed she might have meditated, in an effort to seek inner peace or control chronic pain.Whatever Jane did yesterday, she chose to do it because she believed it was best for her and those in her life. She did these actions—and chose not to perform others—because she believed they would further her goals, give her pleasure, expand her income, help her children, or improve the world around her.If someone forced her to make different choices, however, things might not have gone as well. What if her state legislature passed a law that limited or even banned her choices? For example, what if the law mandated she wake up at six o’clock in the morning? Or required her to send her child to a certain school? Or forbade her from working her job unless she earned a degree she did not have and could not obtain anytime soon? Or forced her to sell her stamp collection? Or threatened her with punishment if she meditated? Or banned home gardens or residential poker games? Or required her to hire a government-licensed contractor for any home renovations? Or set a curfew?Sound farfetched?Many such restrictions are all too real.Miami Shores, Florida, for example, prosecuted Hermine Ricketts and Tom Carroll for growing vegetables in their front yard. A city ordi-nance arbitrarily banned vegetable gardens in the front of one’s home, which happened to be the only part of their property where vegetables could grow.The Utah Board of Cosmetology told Jestina Clayton she could not braid hair for a living because state law required her to have a cosmetol-ogy license. This was true even though the state’s cosmetology schools taught virtually no hair braiding and the state’s licensing exam con-tained no questions about hair braiding. (Nationwide, many other occu-pational licensing laws require entrepreneurs to acquire qualifications with little relationship to the occupation they wish to pursue.)Oregon’s Society of Sisters, a nonprofit that ran a private school, saw the state legislature outright forbid their school and other private schools from operating, under a law that required children to attend public schools. And laws restricting diet, from restrictions on purchasing home-baked bread to bans on margarine, are unfortunately common-place in modern times.
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