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.
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The Ninth Amendment and the Negative Pregnant
Danny M Adkison
1Oklahoma State University
Citation Information: The Forum. Volume 2, Issue 3, Pages –, ISSN (Online) 1540-8884, DOI: 10.2202/1540-8884.1041, September 2004
Publication History:
- Published Online:
- 2004-09-16
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