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Tracing The Contours Of The Ninth Amendment, Alan Tauber
Tracing The Contours Of The Ninth Amendment, Alan Tauber
Alan Tauber
In order to secure the ratification of the Constitution, the Federalists were forced to provide a Bill of Rights to calm the fears of the Antifederalists. This sparked a fear of its own among the Federalists, namely that the enumeration in the Constitution of certain rights would lead future generations to regard those enumerated rights as the only ones protected. In order to guard against this, James Madison wrote the Ninth Amendment, which provides that “The enumeration in this Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Despite this safeguard, the …