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Stating that the original intention of the framers was for the Ninth and Tenth Amendments to work in conjunction with one another with the Tenth Amendment limiting the powers of the Federal government to those enumerated in the Constitution and the Ninth preventing an over-broad interpretation of those powers.
Michael B. Rappaport, Reconciling Textualism and Federalism: The Proper Textual Basis of the Supreme Court’s Tenth and Eleventh Amendment Decisions, 93 Nw. U. L. Rev. 819 (1999).
Arguing that by using the term “States,” the founders intended that the governments thereof possess the traditional immunities which states enjoyed at the time.
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