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The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth ... More


Race Relations: Between Emancipation and Subjugation

Robert A. Burt

Frank Iacobucci (ed.)

in Justice and Empathy: Toward a Constitutional Ideal

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses race relations as the paradigmatic judicial effort to protect vulnerable groups under the commitment made in Footnote Four. After the Supreme Court correctly held in Brown I ... More


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