The Ninth Amendment appears to divide adherents of originalist jurisprudence into two camps, which for sake of convenience I will refer to (neutrally, I hope) as the libertarian camp and the ...

President Trump, in one of his freewheeling chats with the press, offered last week to declare an emergency at the ...

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. During the much-publicized Senate hearings on his nomination to ...

Pilon’s strange passage is of course part of his broader Ninth Amendment mythology, which I have contested before. As I have explained, defenders of the original Constitution argued against a ...