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By author: Robert J. McWhirter
Number of Pages:  63
Dimensions:  7 X 10 Inches (US)
Original publication year:  2017
ISBN:  978-1-945682-09-4
Paperback / softback
Availability: In stock.

1. Important: These two amendments cover rights not specifically mentioned elsewhere in the Bill of Rights. The 9th amendment, “hard to interpret” and “too vague” according to some legal opinion, protects “implicit rights.” 2. The Framers’ added the 10th amendment to assure the people that the federal government will not overstep. It explicitly says that the states and not the federal government keep all the power. 3. Relevant: Current debates over privacy, child rearing, marriage, birth control, right to choose or deny medical treatment and other “implicit rights” are argued and informed by the 9th amendment. 4. The 10th amendment is germane to current lawsuits challenging the Trump administration sanctuary cities policies, federal gun control laws that force law enforcement to perform background checks , and a NJ lawsuit that asks judges to consider the federal law that limits sports betting in NJ . 5. Author is a constitutional lawyer, teacher and TV commentator 6. Unique approach that links argument to popular culture--films, TV, sports and current affairs
The Ninth Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Tenth Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The Ninth and Tenth Amendments, often disregarded, have unexpected relevance today. The Ninth Amendment, based on the idea of “pre-existing rights of nature”, addressed the fears of some Framers that a national government would threaten states’ aspirations to become independent sovereign nations. At the least it was drafted to protect “the people” from national government overreach. While the Ninth Amendment is concerned with the people’s rights, the Tenth Amendment reserves the people’s power over government. And while we may question whether the distinction matters today, the historical record does provide a distinction between expanding rights as opposed to limiting government power. That is the story recounted here by Robert McWhirter. Written for the interested citizen, as well as the civics student, this lively account pulls over along the way to examine some surprising, and interesting, discursions into how the events and personalities surrounding these Amendments have appeared in literature, film, sports and popular culture. The book is part of a collection chronicling the origins, history, and interpretation, of the first ten Amendments to the Constitution – the Bill of Rights.
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