Lash acknowledges the linguistic distinction between the states’ rule-of-construction proposals and the final text of the Ninth Amendment, but argues that the Ninth Amendment’s focus on ...

Pilon contends that I “ignore the plain text” of the Ninth Amendment, but my reading of it as a rule of construction comports perfectly with its text: “The enumeration in the Constitution of ...

When the Bill of Rights was added, the Ninth Amendment was crafted to guard against this implication. The text of the Ninth Amendment (“The enumeration in the Constitution of certain rights ...