Baby Ninth Amendments

Baby Ninth Amendments

A Conversation with Anthony Sanders

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.

The Tracinski Letter
The "Originalism" Bait-and-Switch
A conservative majority on the Supreme Court appears to be poised to strike down Roe v. Wade, the 1973 decision that guaranteed a right to abortion. This will undoubtedly unleash—indeed, it already has unleashed—a political battle royale in which state legislatures and Congress rush to pass either new restrictions on abortion or new protections for it…
Read more

And also check out a previous Symposium podcast on unenumerated rights.

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Appears in episode
Robert Tracinski
Anthony Sanders