Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation?

Abstract:     
Some of the most contested questions for modern constitutional law stem from the decision of the First Congress to enumerate some – but necessarily not all – fundamental rights as part of our basic legal framework. Lockean social compact theory can help us to understand these provisions of the Constitution, and especially the Ninth and Tenth Amendments.

Number of Pages in PDF File: 30

Keywords: Locke, Lockean, Ninth Amendment, Tenth Amendment, Natural Rights, Natural Law, Equitable Interpretation, Federalist and Anti-Federalists, Social Compact Theory

working papers series