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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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On Text and Historical Understanding

On Text and Historical Understanding

(p.71) Four On Text and Historical Understanding
The Lost History of the Ninth Amendment

Kurt T. Lash

Oxford University Press

This chapter addresses just how the federalist vision of the Ninth Amendment presented in Chapters 2 and 3 fits with the actual text of the amendment and how the amendment fits alongside the Tenth Amendment. Doing so requires both a deeper and a broader look at the amendment. Deeper, because it requires revisiting some earlier points about the final language of the text; broader, because it expands our vision beyond the Ninth Amendment and considers aspects of the original Tenth Amendment that also may have been forgotten or lost.

Keywords:   Ninth Amendment, Tenth Amendment, Constitution, text

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