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Two The Origins of the Ninth Amendment

From: The Lost History of the Ninth Amendment

Kurt T. Lash

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 07 May 2021

This chapter begins by presenting the most commonly told story about the historical Ninth Amendment. It argues that the Ninth Amendment did not emerge unsought out of the unique mind of James Madison. Like the rest of the Bill of Rights, the origins of the Ninth Amendment are found in concerns raised by the ratifiers in the state conventions. The chapter turns to the drafting of the Ninth Amendment and considers terms that the founding generation likely viewed rather differently from the way we understand them today. It concludes with a discussion of the dual nature of retained rights.

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