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Author | : Bennett B. Patterson |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 230 |
Release | : 2019-09-09 |
Genre | : Law |
ISBN | : 1584778202 |
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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 | : 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 | : Kurt T. Lash |
Publisher | : Oxford University Press |
Total Pages | : 394 |
Release | : 2009-03-27 |
Genre | : Law |
ISBN | : 0190451742 |
Download The Lost History of the Ninth Amendment Book in PDF, ePub and Kindle
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has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents.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 | : Bennett B. Patterson |
Publisher | : MICHIE |
Total Pages | : |
Release | : 1955 |
Genre | : |
ISBN | : 9780672800344 |
Download Forgotten Ninth Amendment Book in PDF, ePub and Kindle
Author | : Randy E. Barnett |
Publisher | : University Press of America |
Total Pages | : 560 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Download The Rights Retained by the People Book in PDF, ePub and Kindle
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 | : David E Fowler Esq |
Publisher | : |
Total Pages | : 180 |
Release | : 2020-08-17 |
Genre | : |
ISBN | : |
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The United States Supreme Court, through its doctrine of 14th Amendment substantive Due Process, has left society at large with very little defense against a seeming abyss of human degradation. Civil liberty is descending into chaos in the streets.These changes are due, in large part, to the fact that the Court's conception of "liberty" under the 14th Amendment is purely subjective. It is divorced from any objective standard for judging liberty and from any corresponding conception of duties. As a result, the Court has increasingly stripped the people of those powers of representative self-government by which civil liberty and social order are maintained.David Fowler, an attorney and retired state Senator with over 25 years of public policy experience, delves into a means by which civil liberty can be restored using the Ninth Amendment, foundational to the framers of our Constitution and long since forgotten by the people and the Supreme Court. Fowler shows that the conception of law and rights guaranteed by the Ninth Amendment is a constitutional tool by which the people of the states and their representatives can challenge the Supreme Court's pretensions to power over them under the 14th Amendment and restore civil liberty.
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 | : Randy E. Barnett |
Publisher | : |
Total Pages | : 584 |
Release | : 1989 |
Genre | : Civil rights |
ISBN | : |
Download The Rights Retained by the People: The history and meaning of the Ninth Amendment Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 116 |
Release | : 1988 |
Genre | : Constitutional amendments |
ISBN | : |
Download Wrong Turns on the Road to Judicial Activism Book in PDF, ePub and Kindle
Author | : Philip A. Klinkner |
Publisher | : |
Total Pages | : 134 |
Release | : 1991 |
Genre | : Juvenile Nonfiction |
ISBN | : 9780382241888 |
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Discusses the origins and provisions of the Ninth Amendment, which protects "unenumerated" rights, or rights not listed in the Constitution.