Bibliography: McConnell, Michael W. Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation (The Fourth Annual Friedrich A. von Hayek Lecture), 5 New York University Journal of Law & Liberty 1 (2010). Stanford Public Law Working Paper No. 1675223 (September 2010)
Some of the most contested questions for modern constitutional law stem from the decision of the First Congress to enumerate some – but necessarily not all – fundamental rights as part of our basic legal framework. Lockean social compact theory can help us to understand these provisions of the Constitution, and especially the Ninth and Tenth Amendments.