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(Episode 28) Bork: It's Not What's for Dinner (the Ninth Amendment)

In this second-last episode of Season Three, we discuss the Ninth Amendment to the United States Constitution, which states:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The meaning of this Amendment seems pretty straightforward. Just because a right isn't listed as protected in the Constitution doesn't mean that other rights that aren't listed aren't protected. Simple, right? (Hint: if you've been listening for awhile, you should know that the answer, as usual, is "not exactly.")

The Ninth Amendment was added to address "one of the most plausible arguments" made by Anti-Federalists against adding a bill of rights: that if the right isn't listed, then it seems like the Constitution is giving that power to the government, or otherwise restricting the right of the people. So the Ninth Amendment appears to have been added "merely for greater ca…

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