Description
This work establishes the intent and application of the Ninth Amendment to the United States Constitution. Its traces the amendments historic origins to the FederalistAnti-Federalist debates. It links the provenance of the Ninth Amendment back to the state constitutions, bills of rights and positive laws of the Constitutions Framing period. It discusses James Madisons introduction of the Bill of Rights during the first Congress. It reviews each recommendatory amendment submitted by the states during the ratification process along with each state constitution and bill of rights contemporaneous with the Framing. It examines each Supreme Court decision referencing the Ninth Amendment. It also summarizes main Ninth Amendment theories described in the literature. The author presents a case for finding Ninth Amendment unenumerated rights within the positive law of the framing period as expressed in the state bills of rights and constitutions and within the penumbras formed by specifically enumerated rights.
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