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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.
In the United States, the Ninth Amendment to the U.S. Constitution protects against federal infringement of unenumerated rights. The text reads: The text reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
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.
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 ...
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.
Republicans in a crowded field hope to end a long drought for the GOP in the race for five state Supreme Court judgeships in the 9th Judicial District.
Umbra, penumbra, and antumbra formed through windows and shutters. Jurists have used the term "penumbra" as a metaphor for rights implied in the constitution. [1]In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. [2]