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Join us online for the launch of an inspiring new book from Anthony Sanders of the Institute for Justice, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters (University of Michigan Press, 2023). The book 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 Ninths) that expressly protect unenumerated rights.
Sanders explains why it is 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? Sanders argues that early in American history, a solution was advanced by drafters of state constitutions in the form of what he calls an “etcetera clause” that contains language borrowed directly from the Ninth Amendment to the U.S. Constitution. As a result, two‐thirds of states today contain these “Baby Ninth Amendments” that even skeptics of unenumerated rights must not only acknowledge but also give meaningful substance to. This has important implications for state courts, which have thus far largely ignored these important provisions, and for the larger question of whether it is ever appropriate—or indeed even mandatory—for judges to protect unenumerated rights. The short answers, as Sanders makes clear, are yes and yes.
Clark Neily will talk with Sanders about his new book. Join us online on May 10 at noon.
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Recently, De Anza Community College fired Tabia Lee as its faculty director for the Office of Equity, Social Justice and Multicultural Education for taking an inclusive and dialogical approach to her job that did not align with the school’s particular version of social justice. What makes this different from others who have lost their jobs for not toeing this ideological line? Lee is black, and she was accused of being a white supremacist. Erec Smith of York College of Pennsylvania has also been vilified for questioning the efficacies of contemporary anti‐racist theories and practices.
In this online forum, Lee and Smith will discuss their experiences and theorizations about being black academics who embrace classical liberal values in academic spaces that seem to grow increasingly hostile to such views, especially from people of color. As cofounders of Free Black Thought, an organization that celebrates viewpoint diversity among black Americans, their perspective may provide a different and nuanced understanding of social justice and anti‐racist initiatives in higher education (and beyond).
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