Tag: Tenth Amendment

Kurt Lash’s Majoritarian Difficulty

Randy Barnett Carmack Waterhouse Professor of Legal Theory Georgetown University Law Center.

The Ninth Amendment reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” When I first encountered these words as a student in Larry Tribe’s Constitutional Law class, I was amazed. Here was textual authorization for the protection… Read More »