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Lost History of the Ninth Amendment

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ISBN-10: 0195372611

ISBN-13: 9780195372618

Edition: 2009

Authors: Kurt T. Lash

List price: $100.00
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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…    
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Book details

List price: $100.00
Copyright year: 2009
Publisher: Oxford University Press, Incorporated
Publication date: 3/5/2009
Binding: Hardcover
Pages: 394
Size: 6.50" wide x 9.65" long x 1.18" tall
Weight: 1.562
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