Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They HaveBasic 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. |
From inside the book
Արդյունքներ 48–ի 1-ից 5-ը:
Էջ vii
... Debate over Whether to Have a Bill of Rights 29 4 Madison's Solution 39 5 After the Ninth 45 6 Natural Law and the Antislavery Republicans 53 7 A New Birth of Freedom 61 part ii Protecting Fundamental Rights 8 Fundamental Rights and the ...
... Debate over Whether to Have a Bill of Rights 29 4 Madison's Solution 39 5 After the Ninth 45 6 Natural Law and the Antislavery Republicans 53 7 A New Birth of Freedom 61 part ii Protecting Fundamental Rights 8 Fundamental Rights and the ...
Էջ ix
... debate. But few people know about the Ninth Amendment, which reaffirms in broad terms rights “retained by the people.” Indeed, the Ninth flies so far under the radar that it has rarely been mentioned even by the Supreme Court. What a ...
... debate. But few people know about the Ninth Amendment, which reaffirms in broad terms rights “retained by the people.” Indeed, the Ninth flies so far under the radar that it has rarely been mentioned even by the Supreme Court. What a ...
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... debates. The truth is that anyone interested in the political and legal issues of the day can and should look to the Ninth Amendment for guidance. The Ninth Amendment is paired with an almost equally forgotten provision, the Privileges ...
... debates. The truth is that anyone interested in the political and legal issues of the day can and should look to the Ninth Amendment for guidance. The Ninth Amendment is paired with an almost equally forgotten provision, the Privileges ...
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... debate their legality. “Unenumerated rights,” the lawyer's term for these unlisted fundamental rights, is the battlefield on which these struggles play out. Most Americans are unfamiliar with this term, yet it determines how free we are ...
... debate their legality. “Unenumerated rights,” the lawyer's term for these unlisted fundamental rights, is the battlefield on which these struggles play out. Most Americans are unfamiliar with this term, yet it determines how free we are ...
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... debates among the Founders as they wrote the Constitution, and in James Madison's oratory before Congress, the Ninth seems shadowy, a battle that cannot be won. For historical reasons, the Supreme Court has mostly protected fundamental ...
... debates among the Founders as they wrote the Constitution, and in James Madison's oratory before Congress, the Ninth seems shadowy, a battle that cannot be won. For historical reasons, the Supreme Court has mostly protected fundamental ...
Բովանդակություն
1 | |
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 |
Notes | 219 |
Index | 229 |
Այլ խմբագրություններ - View all
Retained by the People: The "Silent" Ninth Amendment and the Constitutional ... Dan Farber Դիտել հնարավոր չէ - 2007 |
Common terms and phrases
abortion actually American apply argued argument authority basic basis believe Bill of Rights called citizens Civil claim Clause clear completely Congress conservatives considered Constitution debate decisions discussion Due Process Clause effect enforce equal established example existence federal Fourteenth Amendment Framers freedom fundamental rights give given guarantees held House human rights idea important individual interest interpretation involved issue judges judicial Justice kind language later law of nations legislation liberty limited Madison majority marriage meaning ment natural law natural rights Ninth Amendment opinion original political precedent principles problem proposed protection question reason recognized referred regulation rejected remain Republicans restrictions ruling Scalia seems simply slavery social specific speech statute Supreme Court theory thought tion tradition understanding United values violate
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.