The Constitution: 9th and 10th Amendemnts
What are the rights reserved to people and to the states?
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Show Notes
Trey and Ken finish the Bill of Rights by delving into the origins and significance of the Ninth and Tenth Amendments to the U.S. Constitution.
Topics covered include:
- Federalist and Anti-Federalist debates during and after the Constitution's drafting, addressing concerns that listing specific rights might imply that others were not protected.
- Does the Ninth Amendment make textualism pointless?
- The conflict between the philosophic origins of the Ninth Amendment and why legal scholars abandoned it.
- The Tenth Amendment's balance between federal and state power
- Lessons learned from the Articles of Confederation
- The Virginia and Kentucky Resolutions
- The modern (1990s) application of the Tenth Amendment.
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