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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 September 2021

Death and Transfiguration

Death and Transfiguration

How the Ninth Amendment Got Filed in the Wrong Place

(p.319) Ten Death and Transfiguration
The Lost History of the Ninth Amendment

Kurt T. Lash

Oxford University Press

This chapter discusses how the transfigured Ninth Amendment, although used in support of a broad conception of individual freedom, has become a far smaller provision than that envisioned by its framers and has been rendered altogether unenforceable as an independent provision in the Bill of Rights. It describes how the Ninth Amendment has played an important role in matters involving the Supreme Court of the United States.

Keywords:   Ninth Amendment, Bennett Patterson, Constitution, Supreme Court, Bill of Rights

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