The guys at Southern Appeal have begun a substantial debate (starting here) on the meaning of the Ninth Amendment, which reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” To some, it’s an inkblot, with no judicially enforceable meaning. To others, it provides a legitimate basis, in at least some instances, to strike down oppressive legislation. (It is, after all, in the Constitution for a reason.) Learned Hand is following the action, and summarizes the debate here.
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Jonathan H. Adler is a professor at William & Mary Law School.
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