| Description |
1 online resource (xiii, 199 pages) |
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text txt rdacontent |
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computer c rdamedia |
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online resource cr rdacarrier |
| Bibliography |
Includes bibliographical references (pages 161-189) and index. |
| Summary |
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly. |
| Funding |
Sponsored by Funding for Open Access publication generously provided by the Institute for Justice |
| Note |
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License https://creativecommons.org/licenses/by-nc-nd/4.0 |
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Description based on information from the publisher. |
| Access |
Open Access EbpS |
| Subject |
United States. Constitution. 9th Amendment.
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Constitution (United States)
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Civil rights -- United States.
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Constitutions -- United States -- States.
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Droits de l'homme -- États-Unis.
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Constitutions -- États-Unis -- États.
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POLITICAL SCIENCE / General
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Civil rights
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Constitutions -- U.S. states
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United States https://id.oclc.org/worldcat/entity/E39PBJtxgQXMWqmjMjjwXRHgrq
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| Genre/Form |
Electronic books.
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| Added Author |
Michigan Publishing (University of Michigan), publisher.
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| Other Form: |
Print version: Sanders, Anthony J.D. Baby ninth amendments. Ann Arbor : University of Michigan Press, 2023 9780472076154 (DLC) 2023933816 (OCoLC)1328129165 |
| ISBN |
9780472903498 (electronic bk.) |
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0472903497 electronic book |
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9780472076154 hardcover book |
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9780472056156 paperback book |
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0472076159 |
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0472056158 |
| Standard No. |
10.3998/mpub.12676756 doi |
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AU@ 000074592173 |
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AU@ 000074273759 |
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