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Eleven Guarding the Retained Rights of the People

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

Assuming that an accurate understanding of U.S. constitutional history can assist us in our effort to understand and apply our Constitution today, this chapter addresses the question of whether restoring the lost history of the Ninth Amendment would make any difference to this fundamental task of citizenship. It argues that the Ninth Amendment's future as an enforceable provision in the Bill of Rights depends on our national commitment to maintaining a Madisonian balance between state and national power.

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