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Four On Text and Historical Understanding

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: 18 May 2021

This chapter addresses just how the federalist vision of the Ninth Amendment presented in Chapters 2 and 3 fits with the actual text of the amendment and how the amendment fits alongside the Tenth Amendment. Doing so requires both a deeper and a broader look at the amendment. Deeper, because it requires revisiting some earlier points about the final language of the text; broader, because it expands our vision beyond the Ninth Amendment and considers aspects of the original Tenth Amendment that also may have been forgotten or lost.

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