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

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ISBN-10: 0465022987

ISBN-13: 9780465022984

Edition: 2007

Authors: Daniel A. Farber

List price: $26.95
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Description:

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 argument for employing the Ninth Amendment in support of a large variety of rights whose constitutional basis is now shaky. The case he makes for the application of this unused amendment has profound implications in almost every aspect of our daily lives.
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Book details

List price: $26.95
Copyright year: 2007
Publisher: Basic Books
Publication date: 5/1/2007
Binding: Hardcover
Pages: 256
Size: 6.50" wide x 9.50" long x 1.00" 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