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Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

Item  UBM9780313315077
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by McAffee, Thomas B. - Hardcover (Praeger Pub Text; Aug 1, 2000)
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Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus.

McAffee (law, U. of Nevada) explores the legal history and precedents of the Ninth Amendment of the Bill of Rights in an attempt to shed light on the current debate over whether interpreters are limited to enforcing the terms of the written Constitution or whether the framers of the document meant for moral law to take precedent over popular sovereignty. If the latter view is the case, the Supreme Court is required to invalidate laws that impinge on "natural" rights that are recognized or may come to be recognized, whether or not there is textual support for the invalidation of the law or not. Beginning with the establishment of state governments in the U.S., the argument traces the debates over the limitation of governmental power through the period of the Articles of Confederation, the drafting of the Constitution, and the subsequent period of ratification. Finally, the natural rights argument is rejected and it is concluded that the Constitution is a binding document of a sovereign people and does not confer unlimited power on the judiciary. Annotation c. Book News, Inc., Portland, OR (booknews.com)

General

ISBN 9780313315077

Fiction/Non-Fiction Non-Fiction

Publisher Praeger Pub Text

Pages 190

List Price $131.95

Author McAffee, Thomas B.

Publication Date 08/01/2000

Release Status In Print

Format Hardcover

Language English

Measurements Height: 9.5 Inches (US)
Width: 6.5 Inches (US)
Thickness: 0.75 Inches (US)
Unit Weight: 1.1 Pounds (US)

Series Contributions in Legal Studies
 
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