Legal Commentary

The Second Amendment and the Reverse Ninth Amendment

By Eugene Volokh

I was just rereading the D.C. v. Heller footnote that says, ??We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive,? and the thought came to my mind ? this is a reverse Ninth Amendment (at least if you focus on the Ninth Amendment?s text). The Court is making clear that its decision is not intended to foreclose the development of other exceptions from constitutional protection, though it also isn?t creating such exceptions itself. ?The enumeration in the [opinion] of certain [powers to restrict or regulate gun possession] shall not be construed to deny or disparage others retained by the [government].?

Full post as published by The Volokh Conspiracy on April 15, 2010 (boomark / email).