3 thoughts on “The Ninth Amendment”

1. Thanks for pointing to that piece on Clarence Thomas’s influence, Rand. Most interesting: more than one person reading it at my end agrees. It seems even more timely now than back in 2011 when Walter Russell Mead composed it.

2. The 9th Amendment revival has been around since the 1970s, with inexplicably little effect. It effectively dispenses with the notion that only those rights enumerated in the Bill of Rights were recognized, which was the greatest fear of those opposing it. Their second greatest fear was that people would begin to think that a putting a bill of rights in the Constitution meant that rights were granted by the government. That’s a contradiction in terms, but even so Ralph Nader and others have made a career convincing people that this is what it means.

   I think before a 9th Amendment revival (along with a 10th) can succeed, a more accurate concept of “rights” needs to be widely accepted. The best definition I know is: A freedom of action requiring no one’s permission.

   Short of that, we are discussing who has what when we don’t know what “what” is.

3. “I think before a 9th Amendment revival (along with a 10th) can succeed, a more accurate concept of “rights” needs to be widely accepted. The best definition I know is: A freedom of action requiring no one’s permission.

   Short of that, we are discussing who has what when we don’t know what “what” is.”

   I agree to a large degree. We have people in the streets today screaming about their rights to this or that and they toss the word “right” around carelessly. They do not know what a right is nor what are rights and what are not rights.

   But your definition intrigues me. I’m asking the following questions not to say you are wrong but to explore the meaning and extent of your statement. You wrote:

   “A freedom of action requiring no one’s permission.”

   Do you have the freedom of action of going into a doctor’s office and demanding a free yearly physical?

   Must the doctor comply?

   Do you have a right to a university education? Health Care?

   When does someone else’s permission enter into it? Do I have the right to travel 200 mph on a highway? Do I need someone’s permission to do so?

   Actually now that I think about it, I think the definition is too broad and murky. More precision is needed.

   But I’d be interested in hearing your views.

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