A Ninth Amendment for Today’s Constitution

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On the first day of his Supreme Court confirmation testimony, Robert Bork described teaching a constitutional theory seminar at Yale Law School in which he tried to justify what he called "a general right of freedom" from the various provisions of the Constitution. He recalled that Alexander Bickel, with whom he taught the course, "fought me every step of the way; said it was not possible. At the end of six or seven years, I decided he was right."

Publication Citation

Randy E. Barnett, A Ninth Amendment for Today's Constitution, 26 Val. U. L. Rev. 419 (1991).