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Undergraduate Honors Theses

Theses/Dissertations

Originalism

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What Are Our Unenumerated Rights As Americans? An Analysis Of The Ninth Amendment And The Fourteenth Amendment’S Privileges Or Immunities Clause Using Original Intent Originalism, Bryan Habashi Aug 2023

What Are Our Unenumerated Rights As Americans? An Analysis Of The Ninth Amendment And The Fourteenth Amendment’S Privileges Or Immunities Clause Using Original Intent Originalism, Bryan Habashi

Undergraduate Honors Theses

This research aims to determine what the author believes is the original intent of the Ninth Amendment and the Privileges or Immunities Clause of the Fourteenth Amendment. The author plans to do this through a variation of original intent originalism, the philosophy that the original meaning of the text should be what the framers (and secondarily the ratifiers) said the text means. The author believes that original intent originalism is the correct method to interpret the Constitution. This thesis will begin with a defense of this philosophy. Then the author will use this philosophy to determine the original intent of …