This is the Kater Daily Podcast for Tuesday, May 9th,

2023.

I'm Caleb Brown.

The Ninth Amendment in the U.S. Bill of Rights doesn't get much respect,

even though it's clearly there for a reason to protect rights

that would be effectively impossible to enumerate.

Many states have their own so-called baby ninth amendments.

Anthony Sanders is author of the new book, Baby Ninth Amendments, how Americans

embraced unenumerated rights and why it matters.

We spoke last week.

You spent a lot of time talking about baby ninth amendments.

These are amendments that exist within state

constitutions in many states, but before we get to that, I feel like there's some prologue we have to get

into which is the Ninth Amendment itself in the Bill of Rights. What does it protect Anthony?

Well that's a huge question, Caleb, that I thankfully don't delve into much in the book.

But I'll give you my opinion anyways,

which is that the Ninth Amendment protects rights

beyond just those enumerated in the Constitution.

And it says, the enumeration in the enumeration of certain rights shall not be construed to deny or

disparage others retained by the people. Now there's a huge debate as to what this means. The justices over the years

on the US Supreme Court have been afraid of it frankly and so it's come up from time to time

but not really there's no authoritative ruling on it other than that we don't think it really does anything and so

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