Retained by the People: The ""Silent"" Ninth Amendment and the Constitutional Rights Americans Don't Know They HaveBasic Books, 2007 - 236 pages 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. |
Contents
1 Whos Afraid of the Ninth Amendment? 1 | 1 |
Part I Unwritten Rights and the Constitution
| 19 |
2 Natural Rights and the Framers 21 | 21 |
3 The Debate over Whether to Have a Bill of Rights 29
| 29 |
4 Madisons Solution 39 | 39 |
5 After the Ninth 45 | 45 |
6 Natural Law and the AntislaveryRepublicans 53 | 53 |
7 A New Birth of Freedom 61 | 61 |
13 The End of Life 121 | 121 |
14 Gay Rights 131 | 131 |
15 Education 145 | 145 |
16 The Right to Government Protection 155 | 155 |
17 The Right to Travel and Other Rights 161 | 161 |
Part IV Broader Implications
| 173 |
18 Fundamental Rights and the Judicial Process 175
| 175 |
19 Joining the Rest of the World 183 | 183 |
Part II Protecting Fundamental Rights
| 71 |
8 Fundamental Rights and the Due Process Clause 73
| 73 |
9 Fundamental Rights Today 85 | 85 |
10 An Invitation to Activism? 93 | 93 |
11 A Users Guide to the Ninth Amendment 101
| 101 |
Part III Applying the Ninth Amendment
| 109 |
12 Reproductive Rights 111 | 111 |
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Retained by the People: The "Silent" Ninth Amendment and the Constitutional ... Dan Farber No preview available - 2007 |
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