The enigmatic amendment -- The origins of the Ninth Amendment -- Debating the Ninth Amendment -- On text and historical understanding -- The Eleventh Amendment as a retained right of the people -- Federalism and liberty, 1794-1803 -- The Ninth Amendment and the Marshall court -- Slavery and the impact of the Fourteenth Amendment -- The fall of the original Ninth Amendment and the rise of New Deal constitutionalism -- Death and transfiguration : how the Ninth Amendment got filed in the wrong place -- Guarding the retained rights of the people