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Author | : Anthony B. Sanders |
Publisher | : University of Michigan Press |
Total Pages | : 215 |
Release | : 2023-05-09 |
Genre | : Political Science |
ISBN | : 0472903497 |
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Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
Author | : Anthony B. Sanders |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War Book in PDF, ePub and Kindle
Although there is controversy on the original meaning of the Ninth Amendment, there should be no controversy on the original meaning of Ninth Amendment analogs in state constitutions, otherwise known as the “Baby Ninths.” This Article examines the history of the states' adoption of Baby Ninths before the Civil War. It includes an analysis of the parallel history of what I call “Baby Tenths,” state constitutional provisions exempting state bills of rights out of the power of government. From these, and other, sources I demonstrate that Baby Ninths only make sense as judicially enforceable provisions that protect unenumerated individual rights.
Author | : Kathy Furgang |
Publisher | : The Rosen Publishing Group, Inc |
Total Pages | : 66 |
Release | : 2011-01-15 |
Genre | : Juvenile Nonfiction |
ISBN | : 1448823307 |
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This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.
Author | : Hallie Murray |
Publisher | : Enslow Publishing, LLC |
Total Pages | : 50 |
Release | : 2017-07-15 |
Genre | : Juvenile Nonfiction |
ISBN | : 076608566X |
Download Rights Retained by the People Book in PDF, ePub and Kindle
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 | : Rich Smith |
Publisher | : ABDO |
Total Pages | : 34 |
Release | : 2007-08-15 |
Genre | : Juvenile Nonfiction |
ISBN | : 1604531975 |
Download Ninth & Tenth Amendments:The Right to More Rights Book in PDF, ePub and Kindle
Examines the Ninth and Tenth Amendments, explaining more rights.
Author | : Dan Farber |
Publisher | : |
Total Pages | : 252 |
Release | : 2007-05 |
Genre | : Law |
ISBN | : 0465022987 |
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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 | : Bennett B. Patterson |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 230 |
Release | : 2019-09-09 |
Genre | : Law |
ISBN | : 1584778202 |
Download The Forgotten Ninth Amendment Book in PDF, ePub and Kindle
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 | : Geraldine P. Lyman |
Publisher | : The Rosen Publishing Group, Inc |
Total Pages | : 34 |
Release | : 2018-12-15 |
Genre | : Juvenile Nonfiction |
ISBN | : 1538343126 |
Download Powers of the People Book in PDF, ePub and Kindle
The Bill of Rights affords people certain rights that the U.S. Constitution didn't originally outline. The Ninth Amendment guarantees the protection of rights not enumerated in the Bill of Rights. It would be difficult to write a document that protected every single American right, so this amendment protects all those rights left unsaid. The Tenth Amendment defines the relationship between the federal and state government, a concept known as federalism. This amendment aims to solve the issues of federal powers and regulations. In this book, concrete examples and primary sources reveal the importance of these two amendments.
Author | : Bennett B. PATTERSON |
Publisher | : |
Total Pages | : 217 |
Release | : 1955 |
Genre | : |
ISBN | : |
Download 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.]. Book in PDF, ePub and Kindle
Author | : Mark N. Goodman |
Publisher | : Exposition Pressof Florida |
Total Pages | : 74 |
Release | : 1981-01-01 |
Genre | : Law |
ISBN | : 9780682496308 |
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