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 : Dan Farber
ISBN : 9780465008513
Genre : Law
File Size : 30. 85 MB
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The Ninth Amendment lurks like an unexploded mine within the Bill of Rights. Its wording is direct: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” However, there is not a single Supreme Court decision based on it. Even the famously ambitious Warren Court preferred to rely on the weaker support of the Fourteenth Amendment's Due Process Clause for many of its decisions on individual rights. Since that era, mainstream conservatives have grown actively hostile to the very mention of the Ninth Amendment. Daniel Farber, a law professor at the University of California at Berkeley, makes an informed and lucid argument for employing the Ninth Amendment in support of a large variety of rights whose constitutional basis is now shaky. The case he makes for the application of this unused amendment has profound implications in almost every aspect of our daily lives.

Rights In America Bills Of Attainder And The Ninth Amendment

Author : Duane L. Ostler
ISBN : 9781311217059
Genre : Political Science
File Size : 57. 75 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 : 49. 55 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has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents.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 : 26. 55 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 : 87. 67 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.

James Madison American Prophet

Author : Duane L. Ostler
ISBN : 9781310473340
Genre : Biography & Autobiography
File Size : 89. 58 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.

Constitutional Law Symposium

Author : Drake University. Law School
ISBN : STANFORD:36105063782994
Genre : Law
File Size : 76. 59 MB
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Ninth And Tenth Amendments

Author : Rich Smith
ISBN : 9781617842603
Genre : Juvenile Nonfiction
File Size : 32. 55 MB
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Examines the Ninth and Tenth Amendments, explaining more rights.

Mcgeorge Law Review

Author :
ISBN : UCSC:32106019549515
Genre : Law reviews
File Size : 46. 37 MB
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Civil Liberties And The Constitution

Author : Michael W. Combs
ISBN : STANFORD:36105134526396
Genre : Law
File Size : 37. 65 MB
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Updated in a new 9th edition, this casebook explores civil liberty problems through a study of leading judicial decisions. It offers a reasonable sample of cases across a broad spectrum of rights and liberties. This book introduces groups of featured cases with in-depth commentaries that set the specific historical-legal context of which they are a part, allowing readers to examine significant portions of court opinions, including major arguments from majority, concurring, and dissenting opinions.

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