The Lost History Of The Ninth Amendment

Author : Kurt T. Lash
Publisher : Oxford University Press
ISBN 13 : 0195372611
Total Pages : 395 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Lost History of the Ninth Amendment written by Kurt T. Lash and published by Oxford University Press. This book was released on 2009 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Randy E. Barnett
Publisher : University Press of America
ISBN 13 :
Total Pages : 560 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Rights Retained by the People written by Randy E. Barnett and published by University Press of America. This book was released on 1989 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Bennett B. Patterson
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584778202
Total Pages : 230 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Forgotten Ninth Amendment written by Bennett B. Patterson and published by The Lawbook Exchange, Ltd.. This book was released on 2019-09-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Randy E. Barnett
Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.37/5 ( download)

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Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Author : Dan Farber
Publisher :
ISBN 13 : 0465022987
Total Pages : 252 pages
Book Rating : 4.84/5 ( download)

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Download or read book Retained by the People written by Dan Farber and published by . This book was released on 2007-05 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Randy E. Barnett
Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Rights Retained by the People written by Randy E. Barnett and published by . This book was released on 1989 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Kurt T. Lash
Publisher : Oxford University Press
ISBN 13 : 0190451742
Total Pages : 394 pages
Book Rating : 4.45/5 ( download)

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Download or read book The Lost History of the Ninth Amendment written by Kurt T. Lash and published by Oxford University Press. This book was released on 2009-03-27 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Mark N. Goodman
Publisher : Exposition Pressof Florida
ISBN 13 : 9780682496308
Total Pages : 74 pages
Book Rating : 4.08/5 ( download)

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Download or read book The Ninth Amendment written by Mark N. Goodman and published by Exposition Pressof Florida. This book was released on 1981-01-01 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.40/5 ( download)

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Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Bennett B. PATTERSON
Publisher :
ISBN 13 :
Total Pages : 217 pages
Book Rating : 4.06/5 ( download)

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Download or read book 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 published by . This book was released on 1955 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: