Alabama Constitution Section 36 - Construction of Declaration of Rights
Alabama Constitution – Section 36: Construction of Declaration of Rights
Here is the full text of Section 36 from the Alabama Constitution:
"That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights hereby retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate."
📘 Explanation:
Section 36 serves as a protective clause in the Alabama Declaration of Rights. It has two main ideas:
Unenumerated Rights are Protected:
Just because a right is not explicitly listed in the Constitution does not mean it doesn't exist or that the people don't have it. This is similar to the 9th Amendment of the U.S. Constitution.
Limits Government Power:
This section declares that the rights mentioned in the Declaration of Rights are outside the scope of governmental power. The government cannot override or violate them.
🔑 Key Takeaways:
It ensures broad protection of individual liberties.
It emphasizes that all listed rights are untouchable by the government.
It acknowledges other rights the people may hold, even if they are not specifically mentioned.
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