Michael W. McConnell (Stanford Law School) has posted Natural Rights and the Ninth Amendment: How Does Lockean Legal Theory Assist in Interpretation? (New York University Journal of Law & Liberty, Vol. 5, 2010) on SSRN. Here is the abstract:
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Some of the most contested questions for modern constitutional law stem from the decision of the First Congress to enumerate some – but necessarily not all – fundamental rights as part of our basic legal framework. Lockean social compact theory can help us to understand these provisions of the Constitution, and especially the Ninth and Tenth Amendments.
