unenumerated

Here’s a thought-experiment for those who are so vexed by the notion of unenumerated rights and some modicum of even modest judicial review forthem.

The Volokh Conspiracy » IJ’s Bone Marrow Case: Rational Basis Test 2009

Here’s a thought-experiment for those who are so vexed by the notion of unenumerated rights and some modicum of even modest judicial review for them.

The Volokh Conspiracy » IJ’s Bone Marrow Case: Rational Basis Test 2009

Jeff Rowes: Here’s a thought-experiment for those who are so vexed by the notion of unenumerated rights and some modicum of even modest judicial review for them.

The Volokh Conspiracy » IJ’s Bone Marrow Case: Rational Basis Test 2009

What the Times neglects to mention is the Ninth Amendment, which provides constitutional protection for "unenumerated" rights not otherwise specified in the Constitution itself.

The Rule of Reason 2010

Gun ownership has been a matter of common law for hundreds of years and, in any case, is, or should be, protected as an "unenumerated" right under the Ninth

The Joplin Globe, Joplin, MO Home 2010

Now, if your concern is that the kind of unenumerated rights being discussed here are simply not in the Constitution, I think that’s a fair point.

The Volokh Conspiracy » IJ’s Bone Marrow Case: Rational Basis Test 2009

A marriage would be an example of an intimate association, an association for the purpose of “promot [ing] a way of life” and its right of privacy is a hybrid, unenumerated right based on different ‘penumbras and emanations’ cast by various rights ... including speech.

The Volokh Conspiracy » “Activist Government” and the Rights of Minorities 2010

Lash argues that the drafting history shows that the Fourteenth Amendment was intended to protect every part of Amendments I through VIII, but not to protect any unenumerated rights.

The Volokh Conspiracy » Kurt Lash on Privileges or Immunities 2010

Bingham thus stands at the crossroads between those who sought the nationalization of unenumerated rights and those who sought nothing more than federal enforcement of equal protection principles.

The Volokh Conspiracy » Kurt Lash on Privileges or Immunities 2010

So while abortion may not appear in the text of the doc, and was not addressed by the founders, the right to one is a logical extension of the doctrine of unalienable rights (sovereignty over ones body being central to the paradigm) and therefore is one of the rights “retained by the people” though unenumerated.

The Volokh Conspiracy » “Judicial Activism” — The Podcast 2010