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Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others: [16] [T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law.
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.
Because these categories fall outside of the First Amendment privileges, the courts can legally restrict or criminalize any expressive act within them. Other expressions, including threat of bodily harm or publicizing illegal activity, may also be ruled illegal. [9]
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 ...
Ninth Amendment may refer to the: . Ninth Amendment to the United States Constitution, part of the Bill of Rights; Ninth Amendment of the Constitution of India, 1961 amendment allowing transfer of territory to Pakistan in Berubari, West Bengal following certain treaties between the countries including the Nehru-Noon Agreement relating to India-East Pakistan enclaves
In the United States, the Tenth Amendment of the Constitution states that the powers not granted to the federal government are reserved to the states, unless prohibited to the states. [ 4 ] [ 5 ] This amendment does not refer to powers “explicitly” or “expressly” granted to the federal government, and therefore the federal government ...
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 ...
Following the Civil War, the Fourteenth Amendment's due process clause prompted substantive due process interpretations to be urged on the Supreme Court as a limitation on state legislation. Initially, however, the Supreme Court rejected substantive due process as it came to be understood, including in the seminal Slaughter-House Cases . [ 18 ]
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