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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: 26 September 2021

Guarding the Retained Rights of the People

Guarding the Retained Rights of the People

(p.343) Eleven Guarding the Retained Rights of the People
The Lost History of the Ninth Amendment

Kurt T. Lash

Oxford University Press

Assuming that an accurate understanding of U.S. constitutional history can assist us in our effort to understand and apply our Constitution today, this chapter addresses the question of whether restoring the lost history of the Ninth Amendment would make any difference to this fundamental task of citizenship. It argues that the Ninth Amendment's future as an enforceable provision in the Bill of Rights depends on our national commitment to maintaining a Madisonian balance between state and national power.

Keywords:   Ninth Amendment, Constitution, Bill of Rights, federalism

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