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Natural Rights and the Ninth Amendment

Citation

Publication Date: 
July 19, 2010
Format: 
Journal Article
Bibliography: Michael W. McConnell, 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) (also Stanford Public Law Working Paper No. 1675223 (September 2010)).  

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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.