Interesting information from brilliant constitutional law scholar Thomas B. McAffee, The Constitution as Based on the Consent of the Governed–Or, Should we Have an Unwritten Constitution?, n.110: Interestingly, although modern scholars have ridiculed what they took as a “federalism” reading of the Ninth Amendment, given that the text itself refers to “rights,” in August of 1789, while the nation considered whether it ought to adopt the Bill of Rights, William L. Smith endorsed the Ninth and Tenth Amendments on the grounds that “they will go a great way in preventing Congress from interfering with our negroes after 20 years or … Continue reading The Squalid Bill of Rights: “will go a great way in preventing Congress from interfering with our negroes”