Experts in the field of law explain the misunderstandings attached to and the intended meaning of the Ninth Amendment and its relationship to the Tenth Amendment of the United States Constitution.
American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because of misinterpretation, the Ninth and Tenth Amendments have not been used to fulfill their original purposes. The limited and unlimited powers of the federal government have been shaped greatly by that error. In this book the authors clarify the actual meaning of the Ninth Amendment and its connection to the Tenth Amendment in order to provide a clear understanding of the full potential of the two amendments. Historical and contemporary details are included to provide an appreciation of the intended purpose of the amendments.
Features Issues regarding the misinterpretation of the Ninth and Tenth Amendments are clearly outlined and explained in depth, including such topics as: • The drafting of the Ninth and Tenth Amendments • Enumerated, necessary and proper, and reserved powers of the state governments and • Substantive due process.
The book also includes a bibliographical essay with information on alternative sources for grasping the intended meaning of the amendments.
Reviews "[M]cAffee, Bybee, and Bryant do a good job of shedding light on the history and development of the 9th and 10th amendments, and present the reader with a rich appreciation for the tangled relationship between state and federal governments in the US constitutional system. Sovereignty continues to be a contested issue (at least in political theory literature), particularly within federal arrangements; exploration of the 9th and 10th amendments gives flesh to that contest."—The Law and Politics Book Review