Retained by the People
The Silent Ninth Amendment and the Constitutional Rights Americans Don't Know They Have
By (author) Daniel A. Farber
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Retained by the People by Daniel A. Farber
Book DescriptionThe Ninth Amendment lurks like an unexploded mine within the Bill of Rights. Its wording is direct: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." However, there is not a single Supreme Court decision based on it. Even the famously ambitious Warren Court preferred to rely on the weaker support of the Fourteenth Amendment's Due Process Clause for many of its decisions on individual rights. Since that era, mainstream conservatives have grown actively hostile to the very mention of the Ninth Amendment. Daniel Farber, a law professor at the University of California at Berkeley, makes an informed and lucid argument for employing the Ninth Amendment in support of a large variety of rights whose constitutional basis is now shaky. The case he makes for the application of this unused amendment has profound implications in almost every aspect of our daily lives.
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Book DetailsISBN: 9780465022984
(235mm x 156mm x 24mm)
Imprint: Basic Books
Publisher: The Perseus Books Group
Publish Date: 7-Jun-2007
Country of Publication: United States
Books By Author Daniel A. Farber
Lincoln's Constitution, Paperback (September 2004)
The University of California law professor explores the Constitutional issues raised by the Civil War, illuminating Lincoln's "legal legacy" in terms of his actions to preserve the union and how he defended those actions within the context of his own era and their ramifications in terms of such mode
Desperately Seeking Certainty, Paperback (June 2004)
Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation.
Eco-pragmatism, Paperback (April 1999)» View all books by Daniel A. Farber
This text takes on controversies in environmental law: how to weigh economic costs against environmental quality and human life, how to assess the long-time horizons of environmental problems, and how to make decisions in the face of scientific uncertainty about the scope of environmental problems.
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Author Biography - Daniel A. Farber
Daniel Farber earned his J.D. from the University of Illinois. He clerked for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and for Justice John Paul Stevens of the United States Supreme Court. He is one of the ten most frequently cited American legal scholars. Currently teaching at theUC-Berkeley Law School, he lives in Oakland, California.
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