Before discussing the leading originalist theories of the Ninth Amendment, it will be useful to briefly summarize the circumstances that led to its inclusion in the Bill of Rights. The story of ...

When the Bill of Rights was introduced ... Moreover, the Constitution clearly protects “other” unenumerated rights in the Ninth Amendment from being denied or disparaged.

Hence, the Tenth Amendment (as well as the Ninth) enunciates a rule of construction that warns against interpreting the Bill of Rights to imply the existence of powers in the national government ...