retained by the people the silent ninth amendment and the constitutional rights americans don t know they have

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Retained By The People

Author : Daniel A. Farber
ISBN : 9780465022984
Genre : Law
File Size : 32. 23 MB
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Argues that the Supreme Court would do better to rely on the the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.

The Rights Retained By The People

Author : Randy E. Barnett
ISBN : STANFORD:36105060058802
Genre : Law
File Size : 83. 37 MB
Format : PDF
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The Ninth Amendment Key To Understanding The Bill Of Rights

Author : Duane L Ostler
ISBN : 9781311986931
Genre : Law
File Size : 57. 75 MB
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This book explains how the Ninth Amendment is the key to understanding rights in the United States. The founders created the Ninth Amendment to protect unlisted natural law rights as they were understood in their day. This amendment was never intended to allow future generations to create new rights. Rather, it was to safeguard the morality and natural rights of the founding generation.

Rights In America Bills Of Attainder And The Ninth Amendment

Author : Duane L. Ostler
ISBN : 9781311217059
Genre : Political Science
File Size : 39. 3 MB
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While rights in America have always been cherished, many people today misunderstand the source of their rights. They have come to believe that government is the grantor of rights. The flipside of this belief is that government can also take them away. Such a view conflicts with that of the founders, who gave us the ban on bills of attainder and 9th Amendment to forever protect our natural rights.

The Lost History Of The Ninth Amendment

Author : Kurt T. Lash
ISBN : 9780199706945
Genre : Political Science
File Size : 74. 58 MB
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The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today. The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court's "discovery" of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirmation hearings for Supreme Court justices and the current divide on the Court regarding the meaning of the Ninth Amendment makes it likely the subject will come up again during the next set of hearings.

Encyclopedia Of Constitutional Amendments Proposed Amendments And Amending Issues 1789 2015 4th Edition 2 Volumes

Author : John R. Vile
ISBN : 9781610699327
Genre : Political Science
File Size : 62. 35 MB
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Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. • Provides clear explanations of each of the 27 constitutional amendments that have been adopted throughout U.S. history as well as essays on the subjects of the thousands of other proposals that have been made • Articulates important issues involving the constitutional amending process • Outlines key proposals for more radical changes to the U.S. Constitution that have been introduced outside of Congress

The Ninth Amendment

Author : Kathy Furgang
ISBN : 9781448823307
Genre : Juvenile Nonfiction
File Size : 45. 24 MB
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This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.

Desperately Seeking Certainty

Author : Daniel A. Farber
ISBN : 0226238105
Genre : Law
File Size : 40. 54 MB
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Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

James Madison American Prophet

Author : Duane L. Ostler
ISBN : 9781310473340
Genre : Biography & Autobiography
File Size : 80. 70 MB
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Rather amazingly, James Madison foresaw many of the problems we face in America today. He foresaw our modern obsession with individual rights, the dangers of judicial activism, the problems of a war presidency, and the economic difficulties that can bring a nation to ruin. Most importantly, as America's preeminent political visionary, he also saw how these problems can be solved.

Keeping Faith With The Constitution

Author : Goodwin Liu
ISBN : 0199752834
Genre : Political Science
File Size : 69. 30 MB
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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