The Sumner Canary Lecture
Michael W. McConnell - Presidential Professor of Law, Judge, 10th U.S. Circuit Court of Appeals
October 15, 2008 4:30 p.m. - 5:30 p.m.
Natural Rights, Enumerated Rights, and the Ninth Amendment
When faced with drafting a Bill of Rights, members of the First Congress were faced with an impossible problem: what to include and what to leave out. Lockean theory told them that after construction of a social compact, such as the Constitution, the people would retain all rights not relinquished to the state. But what was the legal status of those retained rights, and how would they be affected by the explicit enumeration of some but not all of them?
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