Michael Froomkin writes:
As my final word on this thread, let me say that if you are really interested in the 9th Amendment, by far the best legal article on the subject that I know of is Charles L. Black, Jr, On Reading and Using the Ninth Amendment.
You need LEXIS to look this up? Must have been published in one of those legal journals that only the priests of the black robe are allowed to subscribe to. :) May I recommend Bennett B. Patterson: _The Forgotten Ninth Amendment: A Call for Legislative and Judicial Recognition of Rights Under Social Conditions of Today_. Originally published in 1955 by Bobbs-Merrill of Indianapolis and authored by a member of the Texas Bar. Supposedly long out of print, the master plates are rumored to have been destroyed. A reprinted edition was being made available recently as part of a "9th Amendment Legal Defense Kit" that a man named Conrad LeBeau was selling a few years ago (by all reports, he was fighting the FDA with marginal success, since FDA jurisdiction is a matter of contract law). At last report, you could reach Conrad at: Health Freedom Reporter, PO Box 272, Hales Corner, WI, USA. Another good one is Randy Barnett's _The Rights Retained by the People: The History and Meaning of the Ninth Amendment_. The Web link at Book Stacks is: http://melville.books.com/scripts/view.exe?sid~cMLVLlgYLKcBX4f/ISBN~09139694... -- http://yakko.cs.wmich.edu/~frogfarm | PGP signed mail preferred "On a superhighway existing roads are destroyed, it's easy to monitor traffic, you can't make your on-ramp, politics controls development and they arrest you if you go too fast, travel in your own direction or use unapproved technology." - kpc@ptolemy.arc.nasa.gov | Freedom...yeah, right.