 | the Adoption of the Federal Constitution
, 2d ed., vol. 2 (Washington: Printed for the editor, 1836), p. 454 (remarks of James Wilson).
|
| 4. I Annals of Cong. 456 (1834), reprinted in Bernard Schwartz,
The Bill of Rights: A Documentary History
, vol. 2 (New York: Chelsea House Publishers, 1971) p. 1042.
|
| 5. Randy E. Barnett, "James Madison's Ninth Amendment," in Barnett,
Rights Retained by the People
, pp. 3132.
|
| 6. Barnett, "James Madison's Ninth Amendment," pp. 3233.
|
| 7. Barnett, "James Madison's Ninth Amendment," p. 40.
|
| 8. James Madison to Thomas Jefferson (October 17, 1788), reprinted in Schwartz,
Bill of Rights
, vol. 1, p. 616.
|
| 9. At the time of the greatest threat to the U.S. Constitution seventy years after the Bill of Rights was adopted, the Constitution of the Confederate States of America included almost identical language: "The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several States."
|
| 10. Barnett, "James Madison's Ninth Amendment," p. 17.
|
| 11. Brennan, Justice William, "Construing the Constitution,"
U. C. Davis Law Review
19 (1985), pp. 1, 9.
|
| 12. For a complete list, see Walter F. Murphy, James E. Fleming, and William F. Harris,
American Constitutional Interpretation
vol. 2 (Mineola, New York: Foundation Press, 1986), pp. 108384.
|
| 13. Barnett, "James Madison's Ninth Amendment," p. 41.
|
| 14. Barnett, "James Madison's Ninth Amendment," pp. 4349.
|
|
