Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They HaveBasic Books, 2007 M08 1 - 256 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 | |
Unwritten Rights and the Constitution | 21 |
Madisons Solution | 39 |
After the Ninth | 45 |
Natural Law and the Antislavery | 53 |
A New Birth of Freedom | 61 |
Protecting Fundamental Rights | 71 |
Fundamental Rights Today | 85 |
Gay Rights | 131 |
Education | 145 |
The Right to Government Protection | 155 |
The Right to Travel and Other Rights | 161 |
Fundamental Rights and | 175 |
Joining the Rest of the World | 183 |
The Ninth Amendment and the Future | 197 |
Glossary of Legal Terminology | 212 |
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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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Page 12 - It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. . . . Three generations of imbeciles are enough.