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In a very fine essay on the 9th Amendment, John Kaminski explored the
reasons for its creation - but concluded by noting that it has not been
used as the basis of supreme court jurisprudence : even the 1965 Griswold
decision establishing a right of privacy was based on other rulings.
Kaminski's essay is in The Bill of Rights: A Lively Heritage (Library of
Virginia 1987) edited by some guy who needs to answer the phone.....
Dr. Jon Kukla, Executive Vice-President
Red Hill - The Patrick Henry National Memorial
1250 Red Hill Road
Brookneal, Virginia 24528
www.redhill.org
> I raise these issues, theoretically, for the
> purpose
> of examining the 9th and 10th Amendments to ask this: of what value where
> they
> when originally adopted? Where and how have them be "employed" previously
> in our
> history? Are they the "nuclear option" so to speak? And as a matter of
> practicality, are they of any worth to our experience and "experiment"
> today,
> and, more importantly, tomorrow?
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