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

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Basic Books, 01 օգս, 2007 թ. - 256 էջ
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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LibraryThing Review

Հաճախորդի կարծիքը  - WholeHouseLibrary - LibraryThing

This is an important book. It's a mere 200 pages, plus another 27 pages of footnotes and glossary and an appendix of closing comments. That last bit is worth the price of the entire book. If you don't ... Read full review

Retained by the people: the "silent" Ninth Amendment and the constitutional rights Americans don't know they have

Հաճախորդի կարծիքը  - Not Available - Book Verdict

The Ninth Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In his fascinating book, Farber ... Read full review

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Whos Afraid of the Ninth Amendment?
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

An Invitation to Activism?
93
A Users Guide to
101
Reproductive Rights
111
The End of Life
121

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Common terms and phrases

Սիրված հատվածներ

Էջ 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.
Էջ 151 - Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Էջ 151 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority...
Էջ 66 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign.
Էջ 163 - It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely, by land or by water...
Էջ 22 - that all men are created equal, and endowed by their Creator with certain inalienable rights — among which are life, liberty and the pursuit of happiness,' I shall strenuously contend for the immediate enfranchisement of our slave population.
Էջ 66 - They may however be all comprehended under the following general heads : protection by the government ; the enjoyment of life and liberty, with the right to acquire and possess property of every kind and to pursue and obtain happiness and safety ; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
Էջ 79 - Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.
Էջ 23 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void; and therefore in 8 E.

Հեղինակի մասին (2007)

Daniel Farber earned his J.D. from the University of Illinois. He clerked for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and for Justice John Paul Stevens of the United States Supreme Court. He is one of the ten most frequently cited American legal scholars. Currently teaching at the UC-Berkeley Law School, he lives in Oakland, California.

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