The Power of Nine: Federalists, Antifederalists, and Natural Law Synthesis in the Ninth Amendment
Item
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Title
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The Power of Nine: Federalists, Antifederalists, and Natural Law Synthesis in the Ninth Amendment
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Author
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James Masnov
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Faculty Advisor
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Christopher Cocoltchos
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Date
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1/1/2017
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Abstract
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In the 1780s, the framers of the U.S. Constitution imbued the United States system of government with crucial Natural Law-based safeguards. Both Federalist supporters of the Constitution and Antifederalists who opposed ratification championed such protections. Each faction expressed both misgivings over the concentration of power in unaccountable bodies and apprehension regarding majoritarian impulses. Both camps framed their arguments through a philosophy of Natural Law. The result of this Natural Law synthesis was the Ninth Amendment, which sought to address the reservations of both parties by establishing that the American people retained unenumerated rights. Though scholarship concerning the Ninth Amendment exists in the realm of political science and legal theory, this work expands the historical scholarship on the amendment by addressing its Natural Law context and assessing the amendment's legacy of recognizing and protecting unenumerated rights.
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Type
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Text
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Language
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eng
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Rights
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Western Oregon University Library has determined, as of 06/09/2022, this item is in copyright, which is held by the author. Users may use the item in accordance with copyright limitations and exceptions, including fair use. For other uses, please ask permission from the author.
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http://rightsstatements.org/vocab/InC/1.0/
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Department
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History
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Identifier
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his/61
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