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Purpose of the Ninth Amendment to the Constitution of the United States: Protecting Unenumerated Rights (Studies in Political Science (Lewiston, N.Y.)) Hardcover – August 19, 2005

ISBN-13: 978-0773460737 ISBN-10: 077346073X

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Editorial Reviews

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"This work makes a valuable contribution to constitutional scholarship in at least three important ways. First, this work is a thorough review of the case law and scholarly literature on the Ninth Amendment. Second, in tying this amendment to positive law and other concrete underpinnings, it moves Ninth Amendment scholarship away from the more traditional natural law arguments that have dominated the debate for some time. Since natural law theory - arguably - seems to be subjective in terms of those values it encompasses, this move away from subjectivity is particularly valuable in light of the increasingly complex cultural and ethical society we face in the 21st century. A third scholarly contribution is the rich yet largely untilled field of future research on this topic. Dr. Prince suggests that the connection to states apart from 14 Amendment ties is particular intriguing. Connections or parallels to the Court use of the congressional power to regulate interstate commerce (Heart of Atlanta Motel v. U.S., 379 U.S. 241, 1964), rather than the 14th Amendment portal, are especially suggestive. Historical research in the personal papers of members of state ratifying conventions, if such data are available, has potential to yield valuable insights. In addition to the scholarly contributions this book makes, there is an important teaching/ pedagogical impact as well. In my judgment, this is a work suitable for any university course dealing with constitutional law or constitutional history. It is clear and direct in its style, without being overbearing or pedestrian. It's a short book, which increases the chances that students will actually read it. It presents the arguments in a clear and precise manner, which yields opportunity for debate and discussion. And it illuminates a relatively unexplored area of study, which will broaden the student's understanding of constitutional structure and interpretations. In sum, this work should be found on book-shelves of all who study or teach about the Constitution." - (from the Foreword) Dr. Earl Phippen, Department of Political Science, Idaho State University"
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