Academic

Debate on the Ninth Amendment

By Calvin Massey

On Tuesday, March 9, 2010, I will be debating the meaning of the Ninth Amendment with Kurt Lash (Loyola, LA, soon to be Illinois).  Kurt has written The Lost History of the Ninth Amendment, in which he takes the position that the Ninth Amendment is all about preserving space for popular self-governance through the States.  I have written Silent Rights: The Ninth Amendment and the Constititution's Unenumerated Rights, in which I agree that the Ninth Amendment was intended to serve the federalism function that Lash embraces, but which argues that, as a practical matter, that function can no longer be implemented; thus, the other function of the Ninth Amendment -- preserving unwritten liberties -- should be taken seriously and enforced judicially.  The event is from 12:40 pm to 1:40 pm in Boalt Hall 240.  John Yoo, of the UC Berkeley law faculty, will moderate the discussion.  

Full post as published by The Faculty Lounge on March 08, 2010 (boomark / email).