Reddit reviews Restoring the Lost Constitution: The Presumption of Liberty
We found 3 Reddit comments about Restoring the Lost Constitution: The Presumption of Liberty. Here are the top ones, ranked by their Reddit score.
I started to make one a while back but didn't get too far. There are just too many great books to choose from.
Classics 1950-1970
What is Conservatism?
The Conservative Mind
The Road to Serfdom
The Constitution of Liberty
Ideas Have Consequences
The Quest for Community
Economics in One Lesson
Capitalism and Freedom
In Defense of Freedom
Age of Reagan 1970-1990
The Conservative Intellectual Movement Since 1945
Modern Times
Knowledge and Decisions
A Conflict of Visions
Anarchy, State, and Utopia
Roots Of American Order
Modern Must Reads 1990-Today
The Clash of Civilizations
A History of the American People
The Vision of the Annointed
Intellectuals and Society
Illiberal Reformers
Restoring the Lost Constitution
How To Be A Conservative
The Ninth was mentioned in the majority opinion (Douglas) as one source of privacy rights, and in the concurrence (Goldberg) as its sole source. "Penumbral" rights are weird and kind of slippery though, so you wouldn't be the first lawyer to be confused by them. (Justice Thomas is said to have a sign on his desk saying "Please do not emanate into the penumbra," his 'take that' to Douglas' opnion.)
I think Barnett has made a better argument that the Ninth is a general limit on the power of the federal government (and of the states if you think it is incorporated) to pass arbitrary laws. There could be no end to the number of unenumerated rights, but that's only one way of looking at the amendment. The other way is to treat it as a "presumption of liberty," that whenever the government is going to pass a law telling people what they can and can't do they must have some kind of reason for it. (Barnett's book on the subject is worth a read if this is something you're thinking about.)
Fair enough, not sure why I read your wording differently the first time.
Anyways, before you write off unenumerated rights as not being part of the constitution, you might want to consider - if you haven't already - one or more of the following:
In Defense of Substantive Due Process, or, The Promise of Lawful Rule
Harvard Journal of Law and Public Policy, Vol. 35, No. 1, pp. 284-326, 2012
By Timothy Sandefur
https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=1839884
Privileges, Immunities, and Substantive Due Process
New York University Journal of Law and Liberty
By Timothy Sandefur
http://www.law.nyu.edu/sites/default/files/ECM_PRO_065902.pdf
Restoring Our Lost Constitution: The Presumption of Liberty
By Professor Randy Barnett
https://www.amazon.com/gp/aw/d/0691159734/