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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.
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]
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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 ...
Sanford Victor Levinson (born June 17, 1941) is an American legal scholar known for his writings on constitutional law.A professor at the University of Texas Law School, Levinson is notable for his criticism of the United States Constitution as well as excessive presidential power [1] and has been widely quoted on such topics as the Second Amendment, gay marriage, nominations to the Supreme ...
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.
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