The Ninth Amendment holds that every right not explicitly
granted to the federal government by the Constitution belongs to
the states or to the individual. Further, those rights held by the
government should not be construed to deny or disparage other
rights held by the people. As in other areas of contention between
federal power and states' rights, the Ninth Amendment has become
subject to activist Supreme Court interpretation whereby the
traditional model of federalism, in which states had meaningful
public policy prerogatives, has given way to a model in which
states become mere extensions of the U. S. government.
In this volume, Marshall DeRosa provides a thorough analysis of
Supreme Court unenumerated rights policy and offers suggestions
toward reestablishing American federalism as envisioned by the
framers of the Constitution. The book opens with a review and
analysis of current debates over Ninth Amendment rights and then
utilizes the privileges and immunities clauses as demonstrative of
the traditional relationship between the states' police powers and
unenumerated fundamental rights. DeRosa then considers the critical
role of academia in shifting public policy away from popular
control and toward the judiciary. Later chapters include national
and state case studies as instances of judicial creativity, an
examination of the effects of Ninth Amendment jurisprudence on the
Second Amendment as it bears on the gun control debate, and a
comparative analysis of contrasting theories on the status of
unenumerated rights. In his conclusion DeRosa offers some
prescriptive thoughts on how to restore the original constitutional
concept of popular consent as a remedy to an increasingly
unaccountable federal judiciary.
By restoring the Ninth Amendment to the context of American
federalism, this volume constitutes a major contribution to
contemporary scholarship, challenging a corpus of commentary that
either ignores, misunderstands, or misrepresents the relevance of
popular control in the articulation of unenumerated rights. The
Ninth Amendment and the Politics of Creative Jurisprudence will be
of interest to political scientists, historians, legal theorists,
and political practitioners.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
(9)
(1)
