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Natural Rights and the Ninth Amendment


Publication Date: 
July 19, 2010
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)).  


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.