The Rights Retained by the People: The Ninth Amendment and Constitutional Interpretation (Volume 2) [Hardcover]

Randy E. Barnett (Author)

Book Description

Publication Date: March 16, 1993

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.

Editorial Reviews

Review

The provocative essays in this collection not only restore the Ninth Amendment as a topic for serious constitutional consideration, they also make important contributions to theories of constitutional interpretation. Any scholar interested in the future course of constitutional development must take these essays seriously. (Tushnet, Mark CHOICE )

Barnett has once again brought together much of the Ninth Amendment scholarship. This collection is a worthy heir to Volume 1. (Amar, Akhil Reed CHOICE )

...an excellent successor to Volume 1. The bulk of the work is an evenhanded collection of theses and antitheses from the most important scholars in the field. Four appendixes and an excellent bibliography make this book a treasure trove for scholars and laypeople concerned with the issue of individual liberty in the U.S. Highly recommended for all academic libraries. (CHOICE )

...an excellent successor to Volume 1. The bulk of the work is an evenhanded collection of theses and antitheses from the most important scholars in the field. Four appendixes and an excellent bibliography make this book a treasure trove for scholars and laypeople concerned with the issue of individual liberty in the U.S. Highly recommended for all academic libraries. (CHOICE )

The provocative essays in this collection not only restore the Ninth Amendment as a topic for serious constitutional consideration, they also make important contributions to theories of constitutional interpretation. Any scholar interested in the future course of constitutional development must take these essays seriously. (Tushnet, Mark CHOICE )

Barnett has once again brought together much of the Ninth Amendment scholarship. This collection is a worthy heir to Volume 1. (Amar, Akhil Reed CHOICE )

About the Author

Randy E. Barnett is the Norman and Edna Freehling Scholar and Professor of Law at Illinois Institute of Technology-Kent College of Law.

Product Details

• Hardcover: 550 pages
• Publisher: Univ Publ Assn (March 16, 1993)
• Language: English
• ISBN-10: 0913969443
• ISBN-13: 978-0913969441
• Product Dimensions: 8.8 x 6.2 x 1.4 inches
• Shipping Weight: 2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #131,564 in Books (See Top 100 in Books)

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5.0 out of 5 stars Judicial enforcement of unenumerated rights?, April 5, 2008

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This review is from: The Rights Retained by the People: The Ninth Amendment and Constitutional Interpretation (Volume 2) (Hardcover)

The second volume of a two volume set, "The Rights Retained by the People," edited by Georgetown University Law Center Professor Randy Barnett, is a compilation of essays and law review articles on the Ninth Amendment to the Constitution of the United States. The text of the Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," is simple enough. The meaning, interpretation, and application of the Ninth Amendment, especially through the act of judicial interpretation, is a much more complicated matter. The articles in this volume adddress this complexity.

Until the Griswold decision in 1965, the Ninth Amendment had not been formally invoked as the basis for a Supreme Court decision. Today, particularly in the legal academic community, the Ninth Amendment has become a focal point for judicial activism.

Articles are included from all perspectives of the political spectrum. For a layperson interested in constitutional issues, this two-volume set is an excellent source for an ideologically wide-ranging introduction to the modern approach to constitutional interpretation. The articles include historical discussion, as well as legal discussion, and provide an excellent basis for the consideration of whether judicial restraint or judicial activism is the appropriate means of consitutional interpretation.

Professor Barnett has recently published an excellent book, "Restoring the Lost Constitution," which continues the discussion primarily from a libertarian perspective.