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Opinionboomerang SATURDAY | JUNE 12, 2021 | PAGE A4 AROUND WYOMING: EDITORIAL Wyoming’s on another power trip yoming is on the the element as the suppli- verge of being er to Natrium and, more W broadly, other new nuclear near the nucleus of plants that could come in U.S. energy innovation the wake of this demonstra- while going somewhere tion project. While no longer domi- it’s been before — on a nated by coal, Gov. Mark power trip. Gordon’s all-of-the-above philosophy has us more This week’s announce- balanced as still the nation’s ment that the Cowboy State largest coal and uranium has been chosen as the lo- producers, along with our cation for the first Natrium oil. We’ve also added con- nuclear reactor demonstra- siderable renewables in the tion project helps cement past decade with more wind Wyoming’s position as the generation, particularly in energy capitol of the nation, the southern part of the and that for the first time in state. decades it’s not because of Add in our push as a coal. leader in carbon capture, The potential for Natrium sequestration and utilization and other prototype nuclear research, Wyoming also is plants like it is exciting on the front end of finding enough. That it’s going to solutions for climate change. happen here first is even While that’s not news to more so. That’s because those of us who call Wyo- along with making huge ming home, there’s much ABOUT THE CONSTITUTION advances in nuclear technol- work to do to change our ogy like sodium fast cooling national reputation as only instead of the traditional being a contributor to the water-cooled reactors, the problem. What were they thinking? The Natrium’s modular design That took a big step is more efficient and less forward this week with the costly. Natrium announcement, Most important of note which included a who’s who mystery of the Ninth Amendment for Wyoming is it also of state and national energy addresses another concern producers and policymak- ikely the most mysterious disparage other rights retained by the the language, “other rights retained by — the accelerated push by ers. But the big dog on the provision of the Bill of Rights, p e op l e .” the people,” made it clear that the people electricity producers to re- block this week was Bill L The Ninth Amendment plainly de- enjoyed rights not enumerated. And, tire coal-fired power plants Gates, founder and CEO of the question of the meaning of the clares that “we the people” enjoy rights whatever else it might mean it is clear as quickly as they can. In TerraPower, which is devel- Ninth Amendment has generated beyond those enumerated in the Con- that the Bill of Rights was not exhaustive many cases, that means few- oping the Natrium reactor. numerous interpretations and stitution. Two questions immediately of the rights enjoyed by the people. er customers and demand While we cannot be certain what “Wyoming has been a theories. arise. First, why did James Madison, in for Powder River Basin leader in energy for over a his introduction of the Bill of Rights of rights Madison had in mind, he coal. The impact has been a century and we hope our June 8, 1789, introduce the amendment prefaced his introduction of the Bill of Though not invoked by the Supreme reduction of more than 50% investment in Natrium will and its protection of unenumerated Rights by stating the need to secure “the Court for the first time in our nation’s in PRB coal production over allow Wyoming to stay rights? Second, what are the unenumer- great rights of mankind.” Madison’s ap- the past decade. in the lead for decades to history until 1965, it has come to ated rights “retained” by the people? proach was creative. Indeed, no prece- There’s no way nucle- come,” Gates said. play an important role in advancing History affords some understanding. dent for it existed. He may have includ- ar will replace the sheer Since the project has the rights and liberties of Americans In the latter days of the Constitution- ed freedom of speech in that category, volume of coal we once support from such polar po- everywhere. The right to privacy, inti- al Convention, some delegates urged for he did not list it as an enumerated produced, nor provide the litical opposites as President mate relations, same-sex marriage and the addition of a Bill of Rights as a right. A friendly amendment to his same financial windfall for Joe Biden’s administration, raising children in a manner consis- means of protecting against the pos- motion, by his fellow Virginian, George the state. What it does do is Gates, our congressional tent with parental values are sibility that the government Mason, converted free speech to an bolster Wyoming uranium, delegation and officials at but a few of the many rights might violate its authority and enumerated right. Madison, moreover, another often-overlooked the state and local levels, asserted in the name of this encroach on the rights of the may have had in mind protection for cog in our energy portfolio. we’re hopeful nuclear can be constitutional curiosity. people. The dreaded Neces- “natural rights,” which he believed pre- Already the largest the next step for Wyoming The Ninth Amendment was sary and Proper Clause, some existed government and were separate producer of uranium in the to realize its fission vision. brought center stage in 1965, feared, might be exercised to from those that were derived from the United States, we have an Gillette News Record in Griswold v. Connecticut, infringe such fundamental Constitution. Also, he probably had in opportunity to see a surge in June 5 when the Court, in an opinion rights as free speech and reli- mind the concept of “positive rights,” written by Justice William O. gious liberty, unless they were those practices and activities that were Douglas, declared unconstitu- DAVID ADLER, Ph.D. enshrined in the Constitution. familiar to Americans but not prohibit- CONTACT YOUR tional a state statute that made Madison and other heavy- ed by law, including, perhaps, the right criminal the use of contracep- Guest columnist weights, including Alexander to hunt and fish, and the right not to COUNTY COMMISSIONERS tives, even by married couples. Hamilton and James Wilson, be taxed except by consent through Justice Douglas famously opposed the idea and argued that a Bill one’s representatives, the right to refuse coupled the Ninth Amendment with of Rights that enumerated some rights military service on grounds of religious “penumbral” rights drawn from the SUE IBARRA would imply that those not enumerat- conscience and, important to all, the First, Third, Fourth and Fifth Amend- ed did not exist. The prospect of an un- right to pursue happiness. [email protected] | 760-4387 ments, to produce a “right of privacy intentional omission would be danger- Discussion of the rights embodied older than the Bill of Rights” itself, par- ous, since it might imply governmental in the Ninth Amendment can go on, HEBER RICHARDSON ticularly as it pertained to “the sacred authority that was not conferred by endlessly, and it likely will. How can it [email protected] | 760-0448 precincts of the marital bedroom.” the Constitution. Advocates of a Bill be otherwise in a nation committed to Critics of the concept of a consti- of Rights pointed out that this specific limited governmental power? PETE GOSAR tutional right to privacy, including problem already existed in the draft David Adler, Ph.D., is a noted author the fact that it purports to rest, in [email protected] | 760-3219 of the Constitution, which protected who lectures nationally and interna- part, on the Ninth Amendment, have liberty from religious tests and bills of tionally on the Constitution, the Bill accused the Court of creating rights EMAIL THE COMMISSION: attainder, among others, but not the of Rights and presidential power. His not grounded in the Constitution. In great, magisterial rights such as speech, scholarly writings have been cited by the [email protected] the roughly 2,000 cases filed across religion, trial by jury and due process U.S. Supreme Court and lower courts the country since Griswold that have of law. by both Democrats and Republicans in invoked the Ninth Amendment to Madison and others recognized the the U.S. Congress. Adler’s column is sup- defend this or that liberty, controversy weakness of their position and proposed ported in part through a grant from Wy- has raged as to its meaning. to remedy it with the addition of a Bill oming Humanities funded by the “Why CONTACT YOUR The starting point for determining of Rights, after the Constitution was it Matters: Civic and Electoral Partici- the meaning of any provision of the ratified by the sovereign people. In his pation” initiative, administered by the LEGISLATORS Constitution is its language. The Ninth marvelous speech on June 8, Madison Federation of State Humanities Councils Amendment states: “The enumeration introduced the Ninth Amendment to and funded by Andrew W. Mellon Foun- in the Constitution, of certain rights, protect against the very concern that he dation. Adler can be reached at david. REP. CATHY CONNOLLY REP. OCEAN ANDREW shall not be construed to deny or had expressed in the Convention. Thus, [email protected]. D-Laramie, HD 13 R-Laramie, HD 46 399-0482 314-9246 [email protected] [email protected] CONTACT YOUR SENATORS & REPRESENTATIVE REP.

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