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Loading... Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Haveby Daniel A. Farber
   None No current Talk conversations about this book. 2   WholeHouseLibrary | Nov 7, 2008 |  no reviews | add a review
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. No library descriptions found. |
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 Google Books — Loading...GenresMelvil Decimal System (DDC)342.7308Social sciences Law Constitutional and administrative law North America Constitutional law--United States Jurisdiction over personsLC ClassificationRatingAverage: (3)
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Wikipedia in English
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The perspective of the writing is from the Left of Political Center. There is somewhat harsh criticism of the Conservative judges serving on the Supreme Court. He dished it out to the more Liberal judges as well, but not to the same degree.
The 9th Amendment states (in my own words), "By the way, we've mentioned a few Rights of the People earlier, but we want to state for the record that there are lots of other unspecified rights that belong to the People. The Government must understand that what ~it~ may do is defined in the Constitution only, and anything else is not the Government's to muck around with". And now you see why I'm not in politics -- I lack eloquence.
This book ought to be required reading for all kids in high school taking U.S. History 101. (