As an antidote to this entrenched tradition, Calvin R. Massey presents a comprehensive and sensible account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. For example, in a recent ruling the Supreme Court held that the right to terminate pregnancy was protected by the due process clause; in doing so, it cited the Ninth Amendment. By looking at such decisions and at its various interpretations in the literature, Massey explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government and ensure that the bill of rights not become an exhaustive list of human rights.
Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final.
"synopsis" may belong to another edition of this title.
"About this title" may belong to another edition of this title.
Shipping:
US$ 9.00
Within U.S.A.
Book Description Paperback. Condition: Very Good. Dust Jacket Condition: No Dust Jacket. 8.2 X 5.6 X 0.8 inches; 267 pages. Seller Inventory # 1015343
Book Description paperback. Condition: Good. PAPERBACK Standard-sized. Seller Inventory # M1566393124Z3