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Most Downloaded Articles
- If I Could Hold a Seminar for Political Journalists… by Fiorina, Morris P.
- If Everyone Votes Their Party, Why Do Presidential Election Outcomes Vary So Much? by Shaw, Daron
- Independent Leaners as Policy Partisans: An Examination of Party Identification and Policy Views by Magleby, David B. and Nelson, Candice
- Delegation, Control, and the Study of Public Bureaucracy by Moe, Terry M.
- The Disappearing--but Still Important--Swing Voter by Mayer, William G.
The Ninth Amendment and the Negative Pregnant
1Oklahoma State University
Citation Information: The Forum. Volume 2, Issue 3, Pages –, ISSN (Online) 1540-8884, DOI: 10.2202/1540-8884.1041, September 2004
- Published Online:
This article explains why the Framers (the authors of the U.S. Constitution of 1787) did not include a Bill of Rights. It challenges the conventional understanding that portrays the Framers as insensitive to individual rights, and argues that the historical record clearly shows that it was out of a concern for the legal concept known as negative pregnant that explains their actions. It also challenges the conservative interpretation of the Ninth Amendment given by Robert Bork. The Ninth Amendment was designed by Madison as a solution to the negative pregnant, but has been mostly ignored by the U.S. Supreme Court.