Human Rights and the Ninth Amendment: A New Form of Guarantee
37 Pages Posted: 11 Jun 2014
Date Written: 1975
This article identifies the primary purpose of the Ninth Amendment, which was created as part of a compromise regarding the creation of a Bill of Rights – a purpose to guarantee human rights that were retained by the people even though they were not enumerated in the first eight amendments. The article also offers a sketch of discoverable rights of the people that the judiciary should use when identifying and clarifying human rights that are constitutionally-based and protected in the Ninth Amendment. The article has been identified by some historians as being among the top articles on our Bill of Rights.
Keywords: Amendment, Bill of Rights, Constitution, Declaration of Independence, Founders, Framers, Hamilton, human dignity, human right, incorporation, Jefferson, judicial power, Madison, Ninth Amendment, Paine, remedy, rights of man, unenumerated
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