I talk with Anthony Sanders of the Institute for Justice about his book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters.
We discuss the paradox of explicit constitutional protections for "unenumerated rights," how those protections were embraced not just on the federal level but in state constitutions, why those rights have often been ignored despite being popular, and the concept of "judicial engagement" as an alternative to "judicial activism" and "judicial restraint."
Buy the book here, or get a free download.
Watch the video of our conversation here.
For more on unenumerated rights, see my analysis elsewhere of the Dobbs decision.
And also check out a previous Symposium podcast on unenumerated rights.
18th-Century Infallibility Theory
Listen now (54 min) | The leaked draft of a forthcoming Supreme Court ruling in the abortion case Dobbs v. Jackson Women’s Health Organization raises questions about the “unenumerated rights” protected in the Ninth Amendment. I discussed this recently with David French and Ilya Shapiro, talking about why the Constitution protects unenumerated rights and how we would tell what…
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