Add to ORKGUnenumerated rights are expressly protected against federal infringement by the original meaning of the Ninth Amendment and against state infringement by the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Despite this textual recognition, unenumerated rights have received inconsistent and hesitant protection ever since these provisions were enacted, and what protection they do receive is subject to intense criticism. In this essay, the author examines why some are afraid to enforce unenumerated rights. While this reluctance seems most obviously to stem from the uncertainty of ascertaining the content of unenumerated rights, he contends that underlying this concern are more basic assumptions about legisl...
This article is about two things; one general, the other specific. The general point is about the na...
When introducing the Bill of Rights in Congress, James Madison explained that judges would consider...
The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federal...
Unenumerated rights are expressly protected against federal infringement by the original meaning of ...
As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the nin...
It has become common to believe that those who ratified the Fourteenth Amendment “incorporated” not ...
The courts long have protected constitutional rights that are not listed explicitly in the Constitut...
The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creat...
The Ninth Amendment declares that “[t]he enumeration in the Constitution of certain rights shall not...
Although the Ninth Amendment appears on its face to protect unenumerated individual rights of the s...
The symbol of modern constitutional law, for good or ill, is Roe v. Wade, the Supreme Court’s aborti...
The ninth amendment speaks to the problem of tension between federal constitutional rights and other...
The Privileges or Immunities Clause of the Fourteenth Amendment was virtually eliminated by the Supr...
The author provides a review of Laurence H. Tribe & Michael C. Dorf, On Reading the Constitution, Ha...
In prior scholarship, I have argued that the historical evidence suggests that the public originally...
This article is about two things; one general, the other specific. The general point is about the na...
When introducing the Bill of Rights in Congress, James Madison explained that judges would consider...
The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federal...
Unenumerated rights are expressly protected against federal infringement by the original meaning of ...
As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the nin...
It has become common to believe that those who ratified the Fourteenth Amendment “incorporated” not ...
The courts long have protected constitutional rights that are not listed explicitly in the Constitut...
The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creat...
The Ninth Amendment declares that “[t]he enumeration in the Constitution of certain rights shall not...
Although the Ninth Amendment appears on its face to protect unenumerated individual rights of the s...
The symbol of modern constitutional law, for good or ill, is Roe v. Wade, the Supreme Court’s aborti...
The ninth amendment speaks to the problem of tension between federal constitutional rights and other...
The Privileges or Immunities Clause of the Fourteenth Amendment was virtually eliminated by the Supr...
The author provides a review of Laurence H. Tribe & Michael C. Dorf, On Reading the Constitution, Ha...
In prior scholarship, I have argued that the historical evidence suggests that the public originally...
This article is about two things; one general, the other specific. The general point is about the na...
When introducing the Bill of Rights in Congress, James Madison explained that judges would consider...
The dominant historical narrative of the Ninth Amendment views the Clause as an exclusively “Federal...