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President Biden claims that 'the Constitution is always evolving slightly in terms of additional rights or curtailing rights'

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Leigh Vogel/UPI/Bloomberg via Getty Images

President Joe Biden, who has the opportunity to nominate someone to serve on the U.S. Supreme Court because Justice Stephen Breyer is planning to retire, said on Tuesday that "the Constitution is always evolving slightly in terms of additional rights or curtailing rights etcetera."

Biden said that "there's always a renewed national debate every time ... any president nominates a justice, because the Constitution is always evolving slightly in terms of additional rights or curtailing rights, etcetera."

The president noted that there are "several schools of thought" when it comes to "judicial philosophy," and that he is seeking an individual whose philosophy indicates that the Constitution has "unenumerated rights" and that "all the amendments mean something, including the Ninth Amendment."

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The Ninth Amendment states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Graham Ledger fired back in response to Biden's comments, tweeting, "Well Joe, I guess your marriage contract is always evolving, correct? If the constitution is always evolving, then your home mortgage is evolving, right? The constitution is a contract between we the people & our government & it does not change unless WE change it. Marxist!"

Biden has said that he will honor his campaign commitment to nominate a black woman to serve on the Supreme Court, though some people, including former Democratic Rep. Tulsi Gabbard of Hawaii, have taken issue with the president utilizing skin color and sex as criteria in choosing a nominee.

During just four years in office, Republican President Donald Trump was able to leave his mark on the high court by nominating three of the nine justices who currently sit on the bench: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

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