Retained by the People The Silent Ninth Amendment and the Constitutional Rights Americans Don't Know They Have
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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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All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
List price: $26.95
Copyright year: 2007
Publisher: Basic Books
Publication date: 5/1/2007
Size: 6.50" wide x 9.50" long x 1.00" tall
|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|
|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|
|The End of Life|
|The Right to Government Protection|
|The Right to Travel and Other Rights|
|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|