Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

The authors of this book argue that the Baby Ninth Amendments in state constitutions protect individual rights that are not otherwise enumerated and that state judges should do their duty to protect these rights. The Ninth Amendment is controversial, but two-thirds of state constitutions have equivalent provisions, demonstrating that unenumerated rights are not a weird exception to American constitutional law but are at the center of it.

Format: Hardback
Length: 214 pages
Publication date: 30 May 2023
Publisher: The University of Michigan Press

The protection of rights in a constitution is a complex task, and it is challenging to comprehensively list every right that should be safeguarded. However, American constitution drafters have traditionally included a few well-known rights, such as freedom of speech, protection against unreasonable searches and seizures, and the free exercise of religion. While it may be tempting to enumerate every liberty, there is another approach to ensure their protection: the "etcetera" clause. This clause states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people.

Despite this, scholars are divided on whether the Ninth Amendment itself explicitly protects unenumerated rights. The Supreme Court has largely ignored this amendment, leaving its interpretation up to individual states. Interestingly, two-thirds of state constitutions have equivalent provisions, known as "Baby Ninth Amendments," that are worded similarly to the Ninth Amendment.

This book explores the origins and significance of the Baby Ninths. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated in the constitution. They serve as an "etcetera, etcetera" at the end of a bill of rights, providing additional protection for the rights of the people.

The book argues that state judges should fulfill their duty and uphold their constitutions to safeguard the rights retained by the people. The widespread adoption of these provisions in many states demonstrates that unenumerated rights are not a peculiar exception to American constitutional law but rather at the core of it. It is time to treat constitutions with the respect they deserve and recognize the importance of unenumerated rights in shaping our society.

Dimension: 229 x 152 (mm)
ISBN-13: 9780472076154