The Rights retained by the people. The history and meaning of the Ninth Amendment. Volume 2 / edited by Randy E. Barnett.

Format:

Book

Contributor:

Barnett, Randy E., editor.

Language:

English

Subjects (All):

United States. Constitution--9th Amendment.

United States.

Civil rights--United States.

Civil rights.

Physical Description:

1 online resource (551 p.)

Place of Publication:

Fairfax, Virginia : George Mason University Press, 1993.

Summary:

Volume II of The Rights Retained by the People explores how the Ninth Amendment affects the proper way of interpreting the Constitution as a whole. Contributors: Sotirios A. Barber, Michael W. McConnell, Sanford Levinson, Stephen Macedo, Andrzej Rapacznski, Thomas C. Grey, Lawrence G. Sager, Morris S. Arnold, Earl M. Maltz, Susanna Sherry, Calvin R. Massey, Thomas McAffee and Raoul Berger.Together with Volume I, which covers primarily the history and proper interpretation of the amendment itself, these books constitute the definitive reference work on the Ninth Amendment.

Contents:

The Rights Retained By The People ; Contents ; Introduction: Implementing the Ninth Amendment ; 1. The Ninth Amendment: Inkblot or Another Hard Nut to Crack? ; 2. A Moral Realist Defense of Constitutional Democracy ; 3. Whither Moral Realism in Constitutional Theory? A Reply to Professor Mcconnell ; 4. Constitutional Rhetoric and the Ninth Amendment ; 5. Reasons, Rhetoric, and the Ninth Amendment: A Comment on Sanford Levinson ; 6. Comment on Macedo ; 7. The Ninth Amendment and the Unwritten Constitution: The Problems of Constitutional Interpretation

8. The Uses of an Unwritten Constitution 9. You Can Raise the First, Hide Behind the Fourth, and Plead the Fifth. But What on Earth Can You Do With the Ninth Amendment? ; 10. Doing More Than Remembering the Ninth Amendment ; 11. Unenumerated Rights and Originalist Methodology ; 12. Antifederalism and the Ninth Amendment ; 13. The Ninth Amendment: Righting an Unwritten Constitution ; 14. The Ninth Amendment: The Beckoning Mirage ; 15. The Bill of Rights, Social Contract Theory, and the Rights ""Retained"" by the People

16. The Natural Rights Basis of the Ninth Amendment: A Reply to Professor McAffee 17. Natural Rights and Positive Law: A Comment on Professor McAffee's Paper ; 18. The Ninth Amendment and Constitutional Legitimacy ; APPENDIX A: Madison's Speech on the Constitutionality of the Bank of the United States ; APPENDIX B: Testimony of Recent Supreme Court Nominees Concerning the Ninth Amendment, Unenumerated Rights, and Natural Law ; APPENDIX C: Chief Justice Burger's Plurality Opinion in Richmond Newspapers, Inc. v. Virginia (1980)

APPENDIX D: The Supreme Court's Opinion in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) BIBLIOGRAPHY ; INDEX ; CASE INDEX

Notes:

Description based upon print version of record.

Includes bibliographical references and indexes.

Description based on online resource; title from PDF title page (ebrary, viewed January 4, 2016).

ISBN:

9798765192801

1-4617-2781-2