Anthony Sanders on Baby Ninth Amendments
In this episode, Anthony Sanders, Director of the Institute for Justice’s Center for Judicial Engagement, discusses his articles "Baby Ninth Amendments and Unenumerated Individual Rights in State Constitutions Before the Civil War," which was published in the Mercer Law Review, and "Baby Ninth Amendments Since 1860: The Unenumerated Rights Americans Repeatedly Want (and Judges Often Don’t)," which is published in the Rutgers Law Review. Sanders begins by explaining the 9th and 10th Amendments to the United States Constitution and how they have been interpreted. He observes that many state constitutions also include provisions modeled on the 9th and 10th Amendments, which he calls "baby" 9th and 10th amendments. He argues that those state constitutional provisions were clearly intended to protect unenumerated rights, and that judges should interpret them accordingly. And he reflects on how they can inform our understanding of the United States Constitution. Sanders is on Twitter at @IJSanders.