Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War
76 Pages Posted: 2 May 2016
Date Written: May 2, 2016
Although there is controversy on the original meaning of the Ninth Amendment, there should be no controversy on the original meaning of Ninth Amendment analogs in state constitutions, otherwise known as the “Baby Ninths.” This Article examines the history of the states’ adoption of Baby Ninths before the Civil War. It includes an analysis of the parallel history of what I call “Baby Tenths,” state constitutional provisions exempting state bills of rights out of the power of government. From these, and other, sources I demonstrate that Baby Ninths only make sense as judicially enforceable provisions that protect unenumerated individual rights.
Keywords: Originalism, state constitutional conventions, legal history, baby tenth amendments, baby ninth amendments, unenumerated rights, state constitutions
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