Kurt T. Lash

The Lost History of the Ninth Amendment (eBook, ePUB)

• Format: ePub

Produktbeschreibung

The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 27. März 2009
• Englisch
• ISBN-13: 9780190451745
• Artikelnr.: 42676178

Autorenporträt

Kurt Lash holds the James P. Bradley Chair in Constitutional Law at Loyola Law School, Los Angeles. After graduating from Yale Law School, Professor Lash served as Law Clerk to the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. Professor Lash has published numerous journal articles on constitutional history and he has served as the Chair of the Association of American Law Schools Section on Constitutional Law.

Inhaltsangabe

* Acknowledgements
* Prologue: Bad Luck
* Chapter I: The Enigmatic Amendment
* Griswold and Justice Goldberg
* Avoiding Lochner
* The Modern Restoration of Unenumerated Rights
* The Conundrums of the Consensus View
* Chapter II: The Origins of the Ninth Amendment
* Introduction: James Madison and His Speech on the Bank of the United
States
* The Traditional Account of the Ninth
* The Need to Control the Interpretation of Federal Power
* The Declarations and Proposals of the State Ratifying Conventions
* Madison's Original Draft of the Ninth Amendment
* The Altered Final Language of the Ninth Amendment
* The People's Retained Rights
* Chapter III: Ratifying the Ninth Amendment
* Roger Sherman's Draft Bill of Rights
* Reaction to the Final Draft: The Virginia Debates
* The Concerns of Edmund Randolph
* The Letters of Hardin Burnley and James Madison
* The Virginia Senate Report
* Explaining the Ninth Amendment: Madison's Speech on the Bank of the
United States
* The Significance of Madison's Speech
* Chapter IV: The Retained Rights of the People: The Ninth Amendment in
Its First Decade
* Introduction: John Page's Battle Against the Alien and Sedition Acts
* The Twin Guardians of Federalism-The Ninth and Tenth Amendments
* St. George Tucker's View of the Constitution
* The Rule of Strict Construction
* Popular Sovereignty and the Ninth Amendment
* Natural Rights and the Original Ninth Amendment: Samuel Chase and
Calder v. Bull
* The Alien and Sedition Acts
* The Federalist Party and National Power
* The Ninth Amendment and the Preservation of Individual Liberty: John
Page's Remonstrance
* The Rise of the Tenth Amendment
* The Virginia and Kentucky Resolutions
* Madison's Celebrated Report
* The Revolution of 1800 and the Rise of the Tenth Amendment
* Chapter V: Chief Justice John Marshall and the Ninth Amendment
* Introduction: Thomas Emmet's Argument in Gibbons v. Ogden
* Exclusive vs. Concurrent Federal Power
* Defining the Concurrent Powers of the States
* The Lost Opinion in Houston v. Moore
* The Marshall Court and National Power
* Marshall's Nationalism: McCulloch v. Maryland and Gibbons v. Ogden
* The Supreme Court Under Fire
* Defending John Marshall: Story's Commentaries
* Marshall's Retirement and the Return of Strict Construction
* The Bad Luck of Losing John Marshall
* Chapter VI: Guilt by Association: The Ninth Amendment, Slavery, and
the Impact of the Fourteenth Amendment
* Introduction: The Secession Speech of Judah P. Benjamin
* The Ninth Amendment and the Antebellum Concept of Liberty
* Slavery and the Ninth Amendment
* The Fourteenth Amendment and the Issue of Incorporation
* The Silence of the Abolitionists
* States' Rights and Abolition
* The Legal Tender Cases
* The Slaughterhouse Cases: Preserving the Rule of Construction
* Hans v. Louisiana: The Ninth and Eleventh Amendments
* Reconciling the Ninth and Fourteenth Amendments
* Chapter VII: The Fall of the Ninth Amendment: The New Deal
Restoration of John Marshall's Constitution
* Introduction: The Speech of Senator Pat McCarran, Anticommunist,
Anti-New Dealist, Anti-Desegregationist and All-
* Around Unsavory Character-More Bad Luck
* The Ninth and Tenth Amendments in the Progressive Era
* The Rule of Construction and the New Deal
* The Rule Abandoned: The Ninth and Tenth Amendments as Truisms
* The Last Days of the Historic Ninth Amendment: Bute v. Illinois and
the Issue of Incorporation
* Chapter VIII: Death and Transfiguration: The Return of the Ninth
Amendment-and How Its History Got Filed in the Wrong Box
* The Modern Reading of Retained Rights and Reserved Powers
* Bennett Patterson's Book
* Griswold v. Connecticut
* Turning the Ninth Against the Tenth: Roe v. Wade and Modern
Substantive Due Process
* The Return of Federalism: The Rehnquist Court and the Tenth Amendment
* Losing History: Misplaced, Mistaken, and Just Plain Missed
* Chapter IX: Enforcing the People's Retained Right to Local
Self-Government
* Popular Sovereignty and Comprehensive Originalism
* Federalism as a Retained Right
* Madison's Rules of Constitutional Construction
* Preserving the Retained Rights of the People
* The Modern Court's Federalism Jurisprudence
* Notes
* Index