Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation?
Michael W. McConnell
Stanford Law School
September 10, 2010
New York University Journal of Law & Liberty, Vol. 5, 2010
Stanford Public Law Working Paper No. 1675223
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
Date posted: September 11, 2010 ; Last revised: September 17, 2010