The Forgotten Ninth Amendment
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The Forgotten Ninth Amendment
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Author : Bennett B. Patterson
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2019-09-09
The Forgotten Ninth Amendment written by Bennett B. Patterson and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-09 with Law categories.
This provocative essay considers the historical background, meaning and effect of the Ninth Amendment, which states "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Patterson feels the amendment was "forgotten" because no real purpose has been found for it. He argues that the amendment would become valuable if it was construed to incorporate the doctrine of natural law, which he ranks above constitutional rights. Moreover, this doctrine should serve to restrict federal and state power. "Whether the reader agrees with Mr. Patterson's contentions or not, the sincerity of his views cannot be gainsaid, and his treatment of the subject is stimulating and provocative. Right or wrong, his major contentions deserve evaluation by all students of Constitutional Law.": Donald J. Farage, Dickinson Law Review 60 (1955-56) 291.
The Forgotten Ninth Amendment A Call For Legislative And Judicial Recognition Of Rights Under Social Conditions Of Today With Reports Of Proceedings Of The Congress Of The United States June September 1789
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Author : Bennett B. PATTERSON
language : en
Publisher:
Release Date : 1955
The Forgotten Ninth Amendment A Call For Legislative And Judicial Recognition Of Rights Under Social Conditions Of Today With Reports Of Proceedings Of The Congress Of The United States June September 1789 written by Bennett B. PATTERSON and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with categories.
Forgotten Ninth Amendment
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Author : Bennett B. Patterson
language : en
Publisher: MICHIE
Release Date : 1955
Forgotten Ninth Amendment written by Bennett B. Patterson and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1955 with categories.
The Rights Retained By The People
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Author : Randy E. Barnett
language : en
Publisher: University Press of America
Release Date : 1989
The Rights Retained By The People written by Randy E. Barnett and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
A collection of seminal writings on the history and meaning of the Ninth Amendment, reflecting a diverse cross-section of scholarly opinion. From the Introduction by Randy E. Barnett: I suggest that the failure to find a 'general right of freedom' in the Constitution is connected to a general inabi
Constitutional Law Symposium
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Author :
language : en
Publisher:
Release Date : 2008
Constitutional Law Symposium written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional amendments categories.
The Ninth Amendment
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Author : Kathy Furgang
language : en
Publisher: The Rosen Publishing Group, Inc
Release Date : 2011-01-15
The Ninth Amendment written by Kathy Furgang and has been published by The Rosen Publishing Group, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-15 with Juvenile Nonfiction categories.
This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.
The Lost History Of The Ninth Amendment
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Author : Kurt T. Lash
language : en
Publisher: Oxford University Press
Release Date : 2009
The Lost History Of The Ninth Amendment written by Kurt T. Lash and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with History categories.
The most important aspect of this book is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment.
Sexual Rights In America
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Author : Paul R. Abramson
language : en
Publisher: NYU Press
Release Date : 2003-08-01
Sexual Rights In America written by Paul R. Abramson and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-01 with Law categories.
The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our sexual freedoms? Sexual Rights in America presents a bold and intriguing look at the constitutional basis of sexual rights in America. Resurrecting the "forgotten" Ninth Amendment, which guarantees those fundamental rights not protected elsewhere in the Constitution, Abramson and colleagues argue that the freedom to choose how, when, and with whom we express ourselves sexually is integral to our happiness. Their careful review of the historical record reveals the importance of the "pursuit of happiness" in the socio-moral philosophy underpinning the Constitution. Sexual freedoms, they assert, are cut from the same cloth as the other freedoms protected by the Bill of Rights, and therefore, should be covered by the Ninth Amendment. Using concrete examples such as prostitution and phone sex, Sexual Rights in America illustrates the scope and limitations of Ninth Amendment sexual rights.
Silent Rights
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Author : Calvin R. Massey
language : en
Publisher:
Release Date : 1995
Silent Rights written by Calvin R. Massey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with History categories.
The right to be presumed innocence; the right to privacy; the right to equal protection under the law; the right to travel, marry, or have children and the right of a woman to terminate her pregnancy—these are a few of the many constitutional rights never mentioned explicitly in the Constitution. Such rights can be, but often aren't, supported by invoking the Ninth Amendment. Because of its open-endedness, the Ninth Amendment is still mired in an ill-fated perception as a constitutional nonentity and a legislative tradition that ignores its potential. As an antidote to this entrenched tradition, Calvin R. Massey presents a comprehensive and sensible account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. For example, in a recent ruling the Supreme Court held that the right to terminate pregnancy was protected by the due process clause; in doing so, it cited the Ninth Amendment. By looking at such decisions and at its various interpretations in the literature, Massey explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government and ensure that the bill of rights not become an exhaustive list of human rights. Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final. Author note:Calvin R. Masseyis Professor of Law at Hastings College of the Law, University of California, San Francisco, and the co-author ofThe California State Constitution.
Retained By The People
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Author : Dan Farber
language : en
Publisher: Basic Books
Release Date : 2007-08-01
Retained By The People written by Dan Farber and has been published by Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-01 with Law categories.
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.