Retained by the People The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have

ISBN-10: 0465022987

ISBN-13: 9780465022984

Edition: 2007

Authors: Dan Farber

List price: $26.95

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The Ninth Amendment Lurks Like an unexploded mine within the Bill of Rights. Its wording is direct: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." However, there is not a single Supreme Court decision based on it. Even the famously ambitious Warren Court preferred to rely on the weaker support of the Fourteenth Amendment's Due Process Clause for many of its decisions on individual rights. Since that era, mainstream conservatives have grown actively hostile to the very mention of the Ninth Amendment. Daniel Farber, a law professor at the University of California at Berkeley, makes an informed and lucid…

Book details

List price: $26.95
Copyright year: 2007
Publisher: Basic Books
Publication date: 5/1/2007
Binding: Hardcover
Pages: 256
Size: 6.14" wide x 9.29" long x 0.37" tall
Weight: 0.968
Language: English



Preface


A Reference Chart of Constitutional Provisions



Who's Afraid of the Ninth Amendment?



Unwritten Rights and the Constitution



Natural Rights and the Framers



The Debate over Whether to Have a Bill of Rights



Madison's Solution



After the Ninth



Natural Law and the Antislavery Republicans



A New Birth of Freedom



Protecting Fundamental Rights



Fundamental Rights and the Due Process Clause



Fundamental Rights Today



An Invitation to Activism?



A User's Guide to the Ninth Amendment



Applying the Ninth Amendment



Reproductive Rights



The End of Life



Gay Rights



Education



The Right to Government Protection



The Right to Travel and Other Rights



Broader Implications



Fundamental Rights and the Judicial Process



Joining the Rest of the World



The Ninth Amendment and the Future



Misunderstanding the Framers


Glossary of Legal Terminology


Notes


Index