The Ninth Amendment
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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.
Rights Retained By The People
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Author : Hallie Murray
language : en
Publisher: Enslow Publishing, LLC
Release Date : 2017-07-15
Rights Retained By The People written by Hallie Murray and has been published by Enslow Publishing, LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-15 with Juvenile Nonfiction categories.
The Ninth Amendment, which guarantees individuals rights not specifically named within the Constitution or the other amendments, was written using vague, open-ended language to ensure no American citizen would be denied the many rights he or she retained that were not explicitly enumerated. Yet this vagueness has caused confusion and uncertainty even in the Supreme Court. Through full-color and black-and-white photos, engaging text, and primary sources, readers will learn why it was proposed and ratified, how it has been interpreted in several landmark Supreme Court cases, and how it has impacted society through such issues as labor activities, fair housing laws, and privacy. Sidebars, a glossary, and further reading are also included.
The Ninth Amendment And The Politics Of Creative Jurisprudence
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Author : Marshall DeRosa
language : en
Publisher: Routledge
Release Date : 2017-11-30
The Ninth Amendment And The Politics Of Creative Jurisprudence written by Marshall DeRosa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary. By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners.
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:
Release Date : 2007-05
Retained By The People written by Dan Farber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05 with Law categories.
Argues that the Supreme Court would do better to rely on the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.
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.
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 Rights Retained By The People
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Author : Randy E. Barnett
language : en
Publisher:
Release Date : 1989
The Rights Retained By The People written by Randy E. Barnett and has been published by 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 inability to understand the Ninth Amendment's declaration that 'the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'" Annotation copyright by Book News, Inc., Portland, OR
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
The Ninth Amendment And The Politics Of Creative Jurisprudence
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Author : Marshall L. DeRosa
language : en
Publisher:
Release Date : 1996
The Ninth Amendment And The Politics Of Creative Jurisprudence written by Marshall L. DeRosa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with LAW categories.
"The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government.In this volume, Marshall DeRosa provides a thorough analysis of Supreme Court unenumerated rights policy and offers suggestions toward reestablishing American federalism as envisioned by the framers of the Constitution. The book opens with a review and analysis of current debates over Ninth Amendment rights and then utilizes the privileges and immunities clauses as demonstrative of the traditional relationship between the states' police powers and unenumerated fundamental rights. DeRosa then considers the critical role of academia in shifting public policy away from popular control and toward the judiciary. Later chapters include national and state case studies as instances of judicial creativity, an examination of the effects of Ninth Amendment jurisprudence on the Second Amendment as it bears on the gun control debate, and a comparative analysis of contrasting theories on the status of unenumerated rights. In his conclusion DeRosa offers some prescriptive thoughts on how to restore the original constitutional concept of popular consent as a remedy to an increasingly unaccountable federal judiciary.By restoring the Ninth Amendment to the context of American federalism, this volume constitutes a major contribution to contemporary scholarship, challenging a corpus of commentary that either ignores, misunderstands, or misrepresents the relevance of popular control in the articulation of unenumerated rights. The Ninth Amendment and the Politics of Creative Jurisprudence will be of interest to political scientists, historians, legal theorists, and political practitioners."--Provided by publisher.