New Books In Political Science
Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023)
- Author: Vários
- Narrator: Vários
- Publisher: Podcast
- Duration: 0:49:37
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Informações:
Synopsis
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. Anthony B. Sanders' book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why