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Presents a comprehensive account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. This work explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government.

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CHOICE Review

Robert Bork spoke of "an amendment that says 'Congress shall make no' and then there is an inkblot and you cannot read the rest of it." Massey attempts to clean away Bork's inkblot from the Ninth Amendment--an "independent source of individual rights." Rights to privacy, association, voting, travel, marriage, and so on could be such unenumerated rights, but the Amendment's open texture provides judges with little guidance in defining such "silent rights." Massey points to Hamilton, Wilson, and others who worried that a written bill of rights would prove unnecessary and dangerous because the omission of a fundamental right from a list could imply that no such right existed. Attempting to discern as nearly as possible the framers' intent, Massey concludes that the Ninth Amendment demonstrates that the written list was not comprehensive. He argues that Ninth Amendment rights include unenumerated rights and rights protected in state constitutions against federal encroachment. The supremacy clause notwithstanding, these latter rights could vary from state to state. Readers may find the second claim problematic (or "radical," to quote). An important, provocative addition to the small but growing literature on the Ninth Amendment (see The Rights Retained by the People, ed. by Randy E. Barnett, CH, Oct'93). Recommended for upper-division undergraduates and above. J. A. Melusky; Saint Francis College