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The Lost History of the Ninth Amendment$
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Kurt T. Lash

Print publication date: 2009

Print ISBN-13: 9780195372618

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195372618.001.0001

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The Origins of the Ninth Amendment

The Origins of the Ninth Amendment

(p.13) Two The Origins of the Ninth Amendment
The Lost History of the Ninth Amendment

Kurt T. Lash

Oxford University Press

This chapter begins by presenting the most commonly told story about the historical Ninth Amendment. It argues that the Ninth Amendment did not emerge unsought out of the unique mind of James Madison. Like the rest of the Bill of Rights, the origins of the Ninth Amendment are found in concerns raised by the ratifiers in the state conventions. The chapter turns to the drafting of the Ninth Amendment and considers terms that the founding generation likely viewed rather differently from the way we understand them today. It concludes with a discussion of the dual nature of retained rights.

Keywords:   Ninth Amendment, history, draft, James Madison, Constitution, retained rights

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