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 ...

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 ...