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Unenumerated Rights

Unenumerated Rights

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.

Anthony Sanders |The Volokh Conspiracy | 5.19.2023 8:01 AM

Unenumerated Rights

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.

Anthony Sanders |The Volokh Conspiracy | 5.17.2023 8:01 AM

Unenumerated Rights

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]

Anthony Sanders |The Volokh Conspiracy | 5.16.2023 8:01 AM

Unenumerated Rights

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."

Anthony Sanders |The Volokh Conspiracy | 5.15.2023 8:01 AM

Unenumerated Rights

Anthony Sanders (Institute for Justice) Guest-Blogging About "Baby Ninth Amendments"

Eugene Volokh |The Volokh Conspiracy | 5.14.2023 8:21 PM

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