Lost History of the Ninth Amendment

Name: Lost History of the Ninth Amendment
Price: 108.18 USD
Availability: InStock
ISBN: 9780195372618

ISBN-10: 0195372611

ISBN-13: 9780195372618

Edition: 2009

Authors: Kurt T. Lash

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Description:

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…

Book details

Copyright year: 2009
Publisher: Oxford University Press, Incorporated
Publication date: 3/5/2009
Binding: Hardcover
Pages: 394
Size: 9.29" wide x 6.18" long x 1.30" tall
Weight: 1.540
Language: English



Acknowledgments


Preface



The Enigmatic Amendment



The Origins of the Ninth Amendment



Debating the Ninth Amendment



On Text and Historical Understanding



The Eleventh Amendment as a Retained Right of the People



Federalism and Liberty, 1794-1803



The Ninth Amendment and the Marshall Court



Slavery and the Impact of the Fourteenth Amendment



The Fall of the Original Ninth Amendment and the Rise of New Deal Constitutionalism



Death and Transfiguration: How the Ninth Amendment Got Filed in the Wrong Place



Guarding the Retained Rights of the People


Table of Cases


Index