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Published: 05 March 2009

394 Pages

ISBN: 9780195372618

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The Lost History of the Ninth Amendment

Kurt T Lash

  • Lash's work represents a new and innovative approach to the meaning of the Ninth Amendment. The Lost History of the Ninth Amendment promises to be the most important book ever written on the Ninth Amendment and related constitutional history.
  • The interpretation of the Ninth Amendment that is advanced in Lost History is grounded in the idea of popular sovereignty and is related to Akhil Amar's work on the Bill of Rights. There currently are three approaches to the Ninth Amendement: one emphasizes individual, natural rights; a second emphasizes structure and federalism; and the third approach suggests that the Ninth has no independent legal force. Lost History also has a novel fourth approach that emphasizes the "political rights" of "the people."
  • Lash's original historical research has revealed a substantial amount of new primary material. Since historical research on the Ninth Amendment is well-trod ground, Lash's discovery of new primary sources has surprised the scholarly community and earned Lash a high measure of respect.

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