Retained by the People: The ""Silent"" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have

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Basic Books, Aug 1, 2007 - Law - 256 pages
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The Ninth Amendment lurks like an unexploded mine within the Bill of Rights. Its wording is direct: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” However, there is not a single Supreme Court decision based on it. Even the famously ambitious Warren Court preferred to rely on the weaker support of the Fourteenth Amendment’s Due Process Clause for many of its decisions on individual rights. Since that era, mainstream conservatives have grown actively hostile to the very mention of the Ninth Amendment. Daniel Farber, a law professor at the University of California at Berkeley, makes an informed and lucid argument for employing the Ninth Amendment in support of a large variety of rights whose constitutional basis is now shaky. The case he makes for the application of this unused amendment has profound implications in almost every aspect of our daily lives.
 

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This is an important book. It's a mere 200 pages, plus another 27 pages of footnotes and glossary and an appendix of closing comments. That last bit is worth the price of the entire book. If you don't ... Read full review

Retained by the people: the "silent" Ninth Amendment and the constitutional rights Americans don't know they have

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The Ninth Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In his fascinating book, Farber ... Read full review

Contents

II
1
III
19
IV
21
V
29
VI
39
VII
45
VIII
53
IX
61
XVII
121
XVIII
131
XIX
145
XX
155
XXI
161
XXII
173
XXIII
175
XXIV
183

X
71
XI
73
XII
85
XIII
93
XIV
101
XV
109
XVI
111
XXV
197
XXVI
201
XXVII
211
XXVIII
219
XXIX
229
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Page 12 - It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. . . . Three generations of imbeciles are enough.

About the author (2007)

Daniel Farber earned his J.D. from the University of Illinois. He clerked for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and for Justice John Paul Stevens of the United States Supreme Court. He is one of the ten most frequently cited American legal scholars. Currently teaching at theUC-Berkeley Law School, he lives in Oakland, California.

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