3min chapter

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July 2023

Cato Audio

CHAPTER

How Americans Embraced Unenumerated Rights and Why It Matters

Alex Narasta is Vice President for Economic and Social Policy Studies at the Cato Institute. He says people who don't like the idea of unenumerated rights often have a tendency to sort of kind of poo poo those rights or minimize them. Baby 9th Amendment's How Americans Embraced Unenumerated Rights and Why It Matters tells the story of how Americans sought to protect liberty from overweening government.

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Well, I've always been of the philosophy that we should proactively look for opportunities to work with both sides. And I think that there are ways to message on these issues that appeal to both sides. We're seeing a lot of genuine interest in zoning reform right now which I think has probably been mentioned states around the country and cities as well have taken matters into their own hands as they should because they're really the cause of the housing affordability issues to begin with. And they've been looking over their zoning codes and deregulating in various ways to increase increased density so places that are really blue like, you know, California or Washington Oregon, Seattle, Minneapolis have been implementing these types of reforms. On the other hand, going back to reasonable independence laws, you know, there is a reasonable independence law passed in Utah to begin with but Colorado recently passed one last year. And Virginia actually just very recently I think in the past month passed a reasonable independence law that was supported both by Republicans and by Democrats as well so I think that there's a
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lot of opportunity to, you know, make progress and find allies allies on both sides. Alex Narasta is Vice President for Economic and Social Policy Studies at the Cato Institute where Vanessa Brown Calder serves as Director of Opportunity and Family
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Policy Studies.
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Baby 9th Amendment's How Americans Embraced Unenumerated Rights and Why It Matters tells the unheralded story of how Americans carefully sought to protect liberty from overweening government by including in most state constitutions specific provisions so-called Baby 9th that expressly protect unenumerated rights. Author Anthony Sanders explains why it's impossible to itemize every right a constitution should protect and shows that however many rights are specifically enumerated. Other important rights will inevitably go unmentioned. So what is a constitutional drafter to do? He spoke at the Cato Institute in May.
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My experience is that people who don't like the idea of unenumerated rights or at least they don't like the idea of judges protecting rights that are not specifically listed in the Constitution often have a tendency to sort of kind of poo poo those rights or minimize them or suggest, well, you know, it's just really economic and I want to meet that head on and say that, you know, this is not hypothetical. I want to make sure people understand that.

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