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The Lost History of the Ninth Amendment based on 0 ratings. 1 reviews.
This is without question, the most important piece of constitutional scholarship in my lifetime. Kurt Lash exposes how the true meaning of the 9th Amendment has been systimatically erased from our organic law and transformed into something it was never intended to mean. Lash uses original documentation and precise analysis to demonstrate that the true meaning of the 9th is as a rule of construction requiring that all powers/rights conferred by the constitution to the federal government be strictly construed so as not to deny or disparge the powers/rights retained by the people as expressed through the individual states and local government. Lash uncovers, in irrefutable detail, the 9th's lost history: How the Marshal court utterly ignored the 9th; how the 9th was re-discovered and enforced thoughout the remainder of the 9th and into the 20th centuries; how the New Deal era again ignored the 9th in order to give judicial sanction to the expansion of the federal government and, finally, more contemporary attempts to transform the 9th into grounds for a libertarian interpretation that protects only individual rights and not the powers of th states. This is must reading for any one interested in the real meaning of the 9th amendment, especially for those-like me-who believe a re-discovery of our written constitutional text is an absolute necessity to achieving a true re-founding of our republic based on principles of federalism and local self government.