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The Forgotten Ninth Amendment
  • Language: en
  • Pages: 230

The Forgotten Ninth Amendment

  • Categories: Law

This provocative essay considers the historical background, meaning and effect of the Ninth Amendment, which states "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Patterson feels the amendment was "forgotten" because no real purpose has been found for it. He argues that the amendment would become valuable if it was construed to incorporate the doctrine of natural law, which he ranks above constitutional rights. Moreover, this doctrine should serve to restrict federal and state power. "Whether the reader agrees with Mr. Patterson's contentions or not, the sincerity of his views cannot be gainsaid, and his treatment of the subject is stimulating and provocative. Right or wrong, his major contentions deserve evaluation by all students of Constitutional Law.": Donald J. Farage, Dickinson Law Review 60 (1955-56) 291.

Forgotten Ninth Amendment
  • Language: en

Forgotten Ninth Amendment

  • Type: Book
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  • Published: 1955
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  • Publisher: MICHIE

None

United States Reports
  • Language: en
  • Pages: 900

United States Reports

  • Type: Book
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  • Published: 1961
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  • Publisher: Unknown

None

The Foundations of Christian Bioethics
  • Language: en
  • Pages: 452

The Foundations of Christian Bioethics

For decades, Engelhardt has alluded to the ethics that binds moral friends. While his 'Foundations of Bioethics' explored the sparse ethics binding moral strangers, this long-awaited volume addresses the morality at the foundations of Christian bioethics. The volume opens with an analysis of the marginalization of Christian bioethics in the 1970s and the irremedial shortcomings of secular ethics in general. Drawing on the Christianity of the first millennium, Engelhardt provides the ontological and epistemological foundations for a Christian bioethics that can remedy the onesidedness of a secular bioethics and supply the bases for a Christian bioethics. The volume then addresses issues from abortion, third-party-assisted reproduction, and cloning, to withholding and withdrawing treatment, physician-assisted suicide, and euthanasia. Practices such as free and informed consent are relocated within a traditional Christian morality. Attention is also given to the allocation of scarce resources in health care, and to the challenge of maintaining the Christian identity of physicians, nurses, patients, and health care institutions in a culture that is now post-Christian.

The Rights Retained by the People
  • Language: en
  • Pages: 551

The Rights Retained by the People

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.

Restoring the Lost Constitution
  • Language: en
  • Pages: 448

Restoring the Lost Constitution

  • Categories: Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Ba...

The Ninth Amendment and the Politics of Creative Jurisprudence
  • Language: en
  • Pages: 396

The Ninth Amendment and the Politics of Creative Jurisprudence

  • Categories: Law
  • Type: Book
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  • Published: 2017-11-30
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  • Publisher: Routledge

The Ninth Amendment holds that every right not explicitly granted to the federal government by the Constitution belongs to the states or to the individual. Further, those rights held by the government should not be construed to deny or disparage other rights held by the people. As in other areas of contention between federal power and states' rights, the Ninth Amendment has become subject to activist Supreme Court interpretation whereby the traditional model of federalism, in which states had meaningful public policy prerogatives, has given way to a model in which states become mere extensions of the U. S. government. In this volume, Marshall DeRosa provides a thorough analysis of Supreme Co...

Marijuana decriminalization
  • Language: en
  • Pages: 1026
In Defense of Property
  • Language: en
  • Pages: 288

In Defense of Property

In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.