The Rights Retained By The People The History And Philosophy 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 : Randy E. Barnett
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.49/5 ( download)

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Download or read book The Rights Retained by the People: The history and philosophy of the Ninth Amendment written by Randy E. Barnett and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 : Kathy Furgang
Publisher : The Rosen Publishing Group, Inc
ISBN 13 : 1448823307
Total Pages : 66 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Ninth Amendment written by Kathy Furgang and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.

Author : John O. McGinnis
Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.60/5 ( download)

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Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

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 : 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 : Hallie Murray
Publisher : Enslow Publishing, LLC
ISBN 13 : 076608566X
Total Pages : 48 pages
Book Rating : 4.64/5 ( download)

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Download or read book Rights Retained by the People written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Randy E. Barnett
Publisher : Harvard University Press
ISBN 13 : 0674257766
Total Pages : 489 pages
Book Rating : 4.64/5 ( download)

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Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 : 1543839037
Total Pages : 1816 pages
Book Rating : 4.36/5 ( download)

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Download or read book Constitutional Rights written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2022-01-31 with total page 1816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Rights: Cases in Context, Fourth Edition