Bench Memos

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Errata on Deny or Disparage


Amidst the flurry of year-end institutional fundraising, I erred on two subsidiary points in my Ninth Amendment discussion yesterday.  The rule of construction set forth in the Ninth Amendment applies not just to the first eight amendments, but to the “enumeration in the Constitution of certain rights.”  On the assumption (which seems to me sound, though I haven’t explored it) that the term “enumeration” applies to all rights set forth in the Constitution, I therefore should not have included rights set forth in the body of the Constitution among the “other[] [rights] retained by the people.”  These errors do not alter my larger points.  (To help prevent similar errors in the future, see here.)



Tags: Whelan


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