Unenumerated Rights
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Did they have a point?
Parental Rights and Youth Gender Medicine
The Supreme Court just declined this morning to consider this issue, but here's how a noted lower court judge analyzed the matter.
N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
Indiana Constitution Protects Long-Established Unenumerated Rights, Including Personal and Economic Rights
So the Indiana Supreme Court held yesterday, though it concluded that, as to abortion, this is limited to situations where the abortion is necessary to protect the woman's life or health.
Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big Picture
An example of a Baby Ninth in action, some miscellany, and what the story of Baby Ninths means for the U.S. Constitution itself.
Baby Ninth Amendments Part III: "An Unwritten Constitution"
What have people said about the Baby Ninths since they were first adopted in 1819? Delegates thought they protected unenumerated rights. But judges have mostly failed to put them into action.
Baby Ninth Amendments Part II: The Invention of Unenumerated Rights
Like most things in law, unenumerated rights clauses took some time to emerge. But once they got going, they spread to all Four Corners of the country. [UPDATE: I inadvertently posted this under my name initially; but it's of course Anthony Sanders' post. -EV]
Baby Ninth Amendments Part I: Infinite Rights, Finite Ink
There are an infinite number of ways we can exercise our liberty but we can't list them all in a constitution. The solution? An "etcetera clause."
