The Ninth Amendment: Key to Understanding the Bill of Rights

Nonfiction, Reference & Language, Law, Constitutional, History, Americas, United States, Revolutionary Period (1775-1800)
Cover of the book The Ninth Amendment: Key to Understanding the Bill of Rights by Duane L. Ostler, Duane L. Ostler
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Author: Duane L. Ostler ISBN: 9781311986931
Publisher: Duane L. Ostler Publication: July 21, 2014
Imprint: Smashwords Edition Language: English
Author: Duane L. Ostler
ISBN: 9781311986931
Publisher: Duane L. Ostler
Publication: July 21, 2014
Imprint: Smashwords Edition
Language: English

This book explains how the Ninth Amendment is the key to understanding rights in the United States. The founders created the Ninth Amendment to protect unlisted natural law rights as they were understood in their day. This amendment was never intended to allow future generations to create new rights. Rather, it was to safeguard the morality and natural rights of the founding generation. Unfortunately this understanding has been lost, and modern judges and scholars usually ignore this amendment, or misinterpret it. Meanwhile, the Supreme Court has rather strangely created new rights under the Fourteenth Amendment's "due process" clause. This is a direct contradiction of the method intended by the founders to recognize unlisted rights only through the Ninth Amendment's incorporation of natural law in their day. If the court were to return to the founders' intent regarding the Ninth Amendment, confusion over such issues as abortion and gay marriage would disappear, as both would simply be denied.

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This book explains how the Ninth Amendment is the key to understanding rights in the United States. The founders created the Ninth Amendment to protect unlisted natural law rights as they were understood in their day. This amendment was never intended to allow future generations to create new rights. Rather, it was to safeguard the morality and natural rights of the founding generation. Unfortunately this understanding has been lost, and modern judges and scholars usually ignore this amendment, or misinterpret it. Meanwhile, the Supreme Court has rather strangely created new rights under the Fourteenth Amendment's "due process" clause. This is a direct contradiction of the method intended by the founders to recognize unlisted rights only through the Ninth Amendment's incorporation of natural law in their day. If the court were to return to the founders' intent regarding the Ninth Amendment, confusion over such issues as abortion and gay marriage would disappear, as both would simply be denied.

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