In the last 100 years how often has the United States Supreme Court
upheld an agrument based on the ninth or tenth amendment versus not
upheld these amendments?

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Request for Question Clarification by ephraim-ga on 17 Jun 2002 16:45 PDT

Are you looking for an exact number or would you accept search hints
and pointers to information that would let you compile this
information yourself?

I'd also like clarification on exactly what you're looking for: Do you
want to know exactly how many Supreme Court rulings have mentioned
ammendments 9 and 10 vs. the number that haven't? Do you want an
article analysing every Supreme Court ruling in the past 100 years
regarding their impact on the 9th and 10th ammendments?

Keep in mind that the price tag you've put on this question probably
won't get you a detailed analysis from the researcher, unless they
happen to find the exact answer somewhere online (which I'd consider
unlikely).

/ephraim

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Clarification of Question by stephenguffanti-ga on 18 Jun 2002 08:42 PDT

I am looking for an exact number. Many people say that since the civil
war ended the Supreme Court no longer upholds either the ninth or
tenth amendments. I am trying to find out if that is true.
My thought was to see if when either of these amendments were
considered abridged did the Supreme court uphold them or not. I assume
the answer lies somewhere among constitutional lawyers who follow this
sort of thing.
Steve

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Clarification of Question by stephenguffanti-ga on 18 Jun 2002 08:48 PDT

I am looking for an exact number of cases brought before the Supreme
Court that stated a violation of the 10th or 9th amendment in their
complaint and how many times did the Supreme Court uphold it versus
how many times did it not uphold it.

Whew! Tough Question (I think). I dabble along the edges of Con Law
(and think that it is a fascinating topic.)  I am unfamiliar with the
type of statistic that you are looking for which doesn't mean that it
doesn't exist.

It occurs to me that most ConLaw analysis is not on the shear numbers
of decisions one way or the other, but on reconciling the decisions
over time relative to the headset of society and the court; the
evolution of the reasoning behind the Court's decisions.

Good luck - I am keeping an eye open for your stuff.
weisstho-ga

Well, I have a resource that you can use to find the answers to your
questions. At FindLaw.com, they have a tool to search through Supreme
Court decisions from 1893 on. It's located at:
http://www.findlaw.com/casecode/supreme.html

I hope this qualifies as an answer.

I had thought that it was a ruling on the Interstate Commerce Clause
that made the Tenth Amedment less meaningful in the eyes of the court.