Powers Reserved for the People and the States: A History of the Ninth and Tenth Amendments
Issues regarding the misinterpretation of the Ninth and Tenth Amendments are clearly outlined and explained in depth, including such topics as:
The book also includes a bibliographical essay with information on alternative sources for grasping the intended meaning of the amendments.
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First, the states enacted their constitutions in response to a request from the Continental Congress and completed them before Congress approved the ...
... Covenant and Combine our selves together into a Civil Body Politick, for our better ordering and preservation ... and by virtue hereof and do enact, ...
... represented all the laws and rules by which the English constituted themselves, including positive law enacted by parliament and judge-made common law.
[And] the people are at liberty to provide for themselves by enacting a new [government].''36 If contract theory supplied a good explanation for both how ...
... but generally the constitutions required a super majority vote and sometimes required that the legislature enact the proposed amendment twice during ...
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The Drafting of the Ninth and Tenth Amendments
Enumerated Necessary and Proper and Reserved Powers Challenges for the Early Congresses
Federalism and the Civil War Amendments
The Reserved Powers from 1895 through World War II
Reserved Powers in the Second Half of the Twentieth Century
The Ninth Amendment and Substantive Due Process as Modern Phenomena
TABLE OF CASES