The Ninth Amendment: Partner to the Tenth in Limiting Federal Power
The Ninth Amendment. Most people donโt know what it says or means. Others just ignore it. Those who don’t, usually get it completely wrong. The Ninth isn’t a grant of additional federal power. It’s a partner to the Tenth Amendment and a firewall for...
What’s the Point of the Ninth Amendment?
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...
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...