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The Lost Jurisprudence of the Ninth Amendment

It is widely assumed that the Ninth Amendment languished in constitutional obscurity until it was resurrected by Justice Arthur Goldberg in the 1965 case, Griswold v. Connecticut. In fact, the Ninth Amendment played a significant role in some of the most important constitutional disputes in our n ation's history, including the scope of exclusive versus concurrent federal power, the authority of the federal government to regulate slavery, the right of the states to secede from the Union, the constitutionality of the New Deal, and the legitimacy and scope of incorporation of the Bill of Rights into the Fourteenth Amendment. The second of two articles addressing the lost history of the Ninth ...

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