The Lost History of the Ninth Amendment

ISBN: 9780195372618 出版年：2009 页码：395 Lash, Kurt T Oxford University Press

Acknowledgements Prologue: Bad Luck Chapter I: The Enigmatic Amendment Griswold and Justice Goldberg Avoiding Lochner The Modern Restoration of Unenumerated Rights The Conundrums of the Consensus View Chapter II: The Origins of the Ninth Amendment Introduction: James Madison and His Speech on the Bank of the United States The Traditional Account of the Ninth The Need to Control the Interpretation of Federal Power The Declarations and Proposals of the State Ratifying Conventions Madison's Original Draft of the Ninth Amendment The Altered Final Language of the Ninth Amendment The People's Retained Rights Chapter III: Ratifying the Ninth Amendment Roger Sherman's Draft Bill of Rights Reaction to the Final Draft: The Virginia Debates The Concerns of Edmund Randolph The Letters of Hardin Burnley and James Madison The Virginia Senate Report Explaining the Ninth Amendment: Madison's Speech on the Bank of the United States The Significance of Madison's Speech Chapter IV: The Retained Rights of the People: The Ninth Amendment in Its First Decade Introduction: John Page's Battle Against the Alien and Sedition Acts The Twin Guardians of Federalism-The Ninth and Tenth Amendments St. George Tucker's View of the Constitution The Rule of Strict Construction Popular Sovereignty and the Ninth Amendment Natural Rights and the Original Ninth Amendment: Samuel Chase & Calder v. Bull The Alien and Sedition Acts The Federalist Party and National Power The Ninth Amendment and the Preservation of Individual Liberty: John Page's Remonstrance The Rise of the Tenth Amendment The Virginia and Kentucky Resolutions Madison's Celebrated Report The Revolution of 1800 and the Rise of the Tenth Amendment Chapter V: Chief Justice John Marshall and the Ninth Amendment Introduction: Thomas Emmet's Argument in Gibbons v. Ogden Exclusive vs. Concurrent Federal Power Defining the Concurrent Powers of the States The Lost Opinion in Houston v. Moore The Marshall Court and National Power Marshall's Nationalism: McCulloch v. Maryland and Gibbons v. Ogden The Supreme Court Under Fire Defending John Marshall: Story's Commentaries Marshall's Retirement and the Return of Strict Construction The Bad Luck of Losing John Marshall Chapter VI: Guilt by Association: The Ninth Amendment, Slavery, and the Impact of the Fourteenth Amendment Introduction: The Secession Speech of Judah P. Benjamin The Ninth Amendment and the Antebellum Concept of Liberty Slavery and the Ninth Amendment The Fourteenth Amendment and the Issue of Incorporation The Silence of the Abolitionists States' Rights and Abolition The Legal Tender Cases The Slaughterhouse Cases: Preserving the Rule of Construction Hans v. Louisiana: The Ninth and Eleventh Amendments Reconciling the Ninth and Fourteenth Amendments Chapter VII: The Fall of the Ninth Amendment: The New Deal Restoration of John Marshall's Constitution Introduction: The Speech of Senator Pat McCarran, Anticommunist, Anti-New Dealist, Anti-Desegregationist and All- Around Unsavory Character-More Bad Luck The Ninth and Tenth Amendments in the Progressive Era The Rule of Construction and the New Deal The Rule Abandoned: The Ninth and Tenth Amendments as Truisms The Last Days of the Historic Ninth Amendment: Bute v. Illinois and the Issue of Incorporation Chapter VIII: Death and Transfiguration: The Return of the Ninth Amendment-and How Its History Got Filed in the Wrong Box The Modern Reading of Retained Rights and Reserved Powers Bennett Patterson's Book Griswold v. Connecticut Turning the Ninth Against the Tenth: Roe v. Wade and Modern Substantive Due Process The Return of Federalism: The Rehnquist Court and the Tenth Amendment Losing History: Misplaced, Mistaken, and Just Plain Missed Chapter IX: Enforcing the People's Retained Right to Local Self-Government Popular Sovereignty and Comprehensive Originalism Federalism as a Retained Right Madison's Rules of Constitutional Construction Preserving the Retained Rights of the People The Modern Court's Federalism Jurisprudence Notes Index