“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
John Locke (1632–1704) was one of the greatest figures in English scholarship. His influence on the American Founding was enormous. Some have referred to him as a “Founding Grandfather.” Locke shared points of similarity with many other figures profiled in this...
You will often hear people claim that the Ninth Amendment “gives us all of the rights that aren’t listed in the Bill of Rights.” But that is not the correct way to read the amendment. The Ninth Amendment reads: “The enumeration in the...
Excerpted from a brief of Prof. Lash as Amicus Curiae in support of petitioners in Dobbs v Jackson Women’s Health Organization The Ninth Amendment guarantees the right of local self-government in all matters not expressly prohibited to the states or clearly...
The founding generation created a political system that carefully divided powers and that was designed to ensure the general government remained limited in its scope and power. That system has all but vanished, but two oft-ignored and misunderstood provisions in the...
Generally, Americans treat the Ninth Amendment like the Bill of Rights’ unwanted stepchild. They mostly ignore it, and when they do talk about it, they often misunderstand it. In reality, the Ninth Amendment serves a very simple but crucial purpose. It expands the...
In 2004, University of Illinois College of Law Professor Kurt T. Lash wrote The Lost Original Meaning of the Ninth Amendment for the Texas Law Review (Vol. 83, December 2004). It is the first in a series of two articles explaining the Ninth Amendment in light of newly...