The Ninth Amendment Warrior
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The Ninth Amendment declares that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. Those unenumerated rights — the right to privacy, the right to make intimate decisions free from government coercion, the right to family autonomy — have been recognized and protected through the substantive due process doctrine of the Fourteenth Amendment. And they are now under the most sustained attack in a generation.
The Ninth Amendment Warrior: The Complete Guide to Unenumerated Constitutional Rights, Substantive Due Process, the History-and-Tradition Test, and Constitutional Privacy After Dobbs is Volume XXIII of Wayne Richard Evangelista's Constitutional Law Series — the complete guide to unenumerated rights doctrine in the post-Dobbs constitutional landscape.
Wayne Richard Evangelista traces the full history of substantive due process — from the natural law foundations of the early republic through Meyer v. Nebraska, Pierce v. Society of Sisters, Griswold v. Connecticut, Roe v. Wade, Lawrence v. Texas, and Obergefell v. Hodges — and then addresses the Dobbs demolition and what it leaves standing. He covers the Glucksberg history-and-tradition test in complete detail: what counts as a deeply rooted historical tradition, how to construct the historical record that satisfies the test, which rights have already survived it, and which new liberty claims might be pressed using the historical methodology that Dobbs requires.
For practitioners who represent clients whose fundamental liberty interests — in family, health, intimate association, and personal autonomy — are threatened by government action in the post-Dobbs era, this volume provides the complete doctrinal roadmap.
The Ninth Amendment Warrior
$69.99
Sale price
$69.99
Regular price