FEDERALISM, ANTI-FEDERALISM AND THE ROLE OF THE NINTH AMENDMENT IN CONSTITUTIONAL DISCOURSES
This thesis examines the Ninth Amendment as a compromise between Federalists and Anti-Federalists on two founding era discourses. The first discourse concerned rights and how to protect them. Anti-Federalists wanted a bill of rights included in the Constitution whereas Federalists feared such a bill would be incomplete and allow future tyrants to argue that rights not expressly enumerated therein were not to have Constitutional protection. The second discourse concerned the role of democracy in the new republic. Federalists were alarmed by state legislation which violated minority rights and Anti-Federalists were equally concerned that a national government would violate minority rights at the state level. This Thesis argues that the Ninth Amendment resolved these discourses by specifying that there are rights outside the Constitution which merit legal protection and by empowering the federal courts to strike down democratically passed legislation which violated minority rights.
School Location:USA - Ohio
Source Type:Master's Thesis
Keywords:ninth amendment constitution federalism anti
Date of Publication:01/01/2005