The Ninth Amendment: It Means What It Says

From: Texas Law Review | Date: November 1, 2006| Author: | Copyright information

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

-U.S. CONST., amend. IX

Although the Ninth Amendment appears on its face to protect unenumerated individual rights of the same sort as those that were e numerated in the Bill of Rights, courts and scholars have long deprived it of any relevance to constitutional adjudication. With the growing interest in originalist methods of interpretation since the 1980s, however, this situation has changed. In the past twenty years, five originalist models of th e Ninth ...

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