The purpose of the ninth amendment to the constitution of the United States : protecting unenumerated rights

This work establishes the intent and application of the Ninth Amendment to the United States Constitution. Its traces the amendment's historic origins to the Federalist - Anti-Federalist debates. It links the provenance of the Ninth Amendment back to the state constitutions, bills of rights and positive laws of the Constitution's Framing period. It discusses James Madison's introduction of the Bill of Rights during the first Congress. It reviews each recommendatory amendment submitted by the states during the ratification process along with each state constitution and bill of rights contemporaneous with the Framing. It examines each Supreme Court decision referencing the Ninth Amendment. It also summarizes main Ninth Amendment theories described in the literature. The author presents a case for finding Ninth Amendment unenumerated rights within the positive law of the framing period as expressed in the state bills of rights and constitutions and within the penumbras formed by specifically enumerated rights. appropriate for use by Ninth Amendment researchers as well as by professors in a variety of courses focusing on public law, history, and American politics.