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Retained by the People Dan Farber

Retained by the People By Dan Farber

Retained by the People by Dan Farber


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Summary

An original and wide-ranging argument for an overlooked part of the Constitution-the subversive Ninth Amendment-and why it is crucially important

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Retained by the People Summary

Retained by the People: The Silent Ninth Amendment and the Constitutional Rights Americans Don't Know They Have by Dan Farber

The Ninth Amendment lurks like an unexploded mine within the Bill of Rights. Its wording is direct: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. However, there is not a single Supreme Court decision based on it. Even the famously ambitious Warren Court preferred to rely on the weaker support of the Fourteenth Amendment's Due Process Clause for many of its decisions on individual rights. Since that era, mainstream conservatives have grown actively hostile to the very mention of the Ninth Amendment. Daniel Farber, a law professor at the University of California at Berkeley, makes an informed and lucid argument for employing the Ninth Amendment in support of a large variety of rights whose constitutional basis is now shaky. The case he makes for the application of this unused amendment has profound implications in almost every aspect of our daily lives.

About Dan Farber

Daniel Farber earned his J.D. from the University of Illinois. He clerked for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and for Justice John Paul Stevens of the United States Supreme Court. He is one of the ten most frequently cited American legal scholars. Currently teaching at theUC-Berkeley Law School, he lives in Oakland, California.

Additional information

CIN0465022987G
9780465022984
0465022987
Retained by the People: The Silent Ninth Amendment and the Constitutional Rights Americans Don't Know They Have by Dan Farber
Used - Good
Hardback
Basic Books
20070501
256
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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