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[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically ...
The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." [30]
Demers v. Austin (746 F.3d 402, 9th Cir., 2014) was a landmark decision of the Ninth Circuit Court of Appeals, extending First Amendment protection to professors at public universities for on-the-job speech that deals with public issues related to teaching or scholarship, whether inside or outside of the classroom. [1]
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.
Last Friday, the U.S. Court of Appeals for the 9th Circuit, which is not known for its friendliness to Second Amendment rights, dealt a blow to that end run by partly upholding two preliminary ...
The 9th U.S. Circuit Court of Appeals dissolved an order by a different 9th Circuit panel from a week earlier that suspended an injunction issued by a judge who concluded the Democratic-led state ...
Another legal scholar has criticized Justice Reed's conception of the Ninth and Tenth amendments as "dubious" because: 1) It equates the meaning of the Ninth with the Tenth (which is clearly incorrect); 2) It leaves the two amendments completely subordinate to all enumerated powers and therefore meaningless; 3) It creates a situation where the ...
Adam Winkler, a UCLA law professor who focuses on 2nd Amendment law, said nothing in the high court's decision in United States vs. Rahimi "makes it crystal clear how those cases are going to play ...