9th Amendment
The Ninth Amendment and the Right of Local Self-Government
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 Ninth and Tenth Amendments: Keystones of Liberty
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...
Constitution 101: The Ninth Amendment
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...
Understanding the Ninth Amendment
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...