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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.
Matheson, Cameron. "The Once and Future Ninth Amendment." Boston College Law Review. 38:179 (December 1996). McAffee, Thomas B. "The Original Meaning of the Ninth Amendment." Columbia Law Review. 90:1215 (June 1990). Menez, Joseph Francis; Vile, John R.; and Bartholomew, Paul Charles. Summaries of Leading Cases on the Constitution.
Among these amendments was the Fourteenth Amendment, which included an Equal Protection Clause which seemed to clarify that courts and states were prohibited in narrowing the meaning of "Persons". After the Fourteenth Amendment to the United States Constitution was adopted, Susan B. Anthony, buttressed by the equal protection language, voted ...
With Evan Bernick, Barnett reviews the history and sources of the Fourteenth Amendment as well as its misunderstanding and legal misuse in the Belknap Press title The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. Barnett's reading of Lysander Spooner was instrumental in changing his constitutional theory. [12] [13]
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.
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 ...
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
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.