The Ninth Amendment: The Forgotten Right the Supreme Court Barely Cites | Bill Norton
The Jenny Beth ShowAugust 21, 2026x
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01:16:5270.43 MB

The Ninth Amendment: The Forgotten Right the Supreme Court Barely Cites | Bill Norton

Guest: Bill Norton

Bill Norton is a constitutional scholar and author who has spent roughly thirty five years studying the founding principles and keeps a personal library of about four thousand books. He is the author of Behind the Bill of Rights, co-authored with Jeremy Nelson of the National Center for Constitutional Studies, with Behind the Declaration of Independence and Behind the Constitution of the United States to follow. This is the bonus conversation that closes his four-lesson founding principles training series with Jenny Beth Martin.

Key topics:

  • The Ninth Amendment, the amendment scholars call forgotten, and why the Supreme Court has cited it only a handful of times
  • Why "enumerated in the Constitution" cannot mean the Bill of Rights, which did not exist when the Ninth was written
  • James Madison telling George Washington that protecting rights and limiting powers are two sides of the same coin
  • Why the Ninth Amendment was originally numbered the Eleventh, and how two failed amendments shift every number in the founders' letters
  • The rarely read preamble to the Bill of Rights and the phrase "misconstruction or abuse of its powers"
  • The natural law principle behind the Second Amendment, which Norton says is simply the right of self preservation
  • Why English law once required a man to own a longbow and to be trained on it
  • Freedom of conscience versus religious tolerance, and why Thomas Paine and George Washington called tolerance condescending
  • John Adams on mixing religion and government, and Norton's argument that the church tax exemption silences pastors
  • The trial of William Penn, the jury held without food or sleep, and the verdict they would not change
  • Jury nullification, what it actually does, and why a judge can overturn a guilty verdict but never an acquittal
  • The Third Amendment's single court case and the principle of pre-consent
  • How Arizona's governor cited the wrong constitutional sections during the pandemic lockdowns
  • Jenny Beth Martin on leading the fight to reopen America's schools
  • What James Madison's most misquoted letter really says about an Article Five convention

Timestamps:

00:14 — Cold open: the last conversation in the founding principles series

00:57 — Behind the Bill of Rights, and the three books

03:14 — What surprised him: the founders barely explained the principles

05:50 — The Second Amendment and the right of self preservation

07:38 — The research: a dozen books, Magna Carta, and Jamestown

10:37 — Freedom of religion, or freedom of conscience

11:23 — The Pilgrims, Holland, and the freedom they did not want

14:53 — Thomas Paine and George Washington on tolerance

19:42 — John Adams: religion and government corrupt each other

21:42 — The paradox of tolerance

24:30 — Superiority, captivity, and cancel culture

29:05 — Jury nullification and how to get out of jury duty

32:09 — The trial of William Penn

41:14 — The Third Amendment and the principle of pre-consent

44:42 — Arizona's governor and the wrong emergency sections

47:45 — Jenny Beth Martin on the fight to reopen the schools

50:52 — The Foreign Intelligence Surveillance Act and on-call judges

52:58 — The Ninth Amendment we have been reading wrong

55:14 — Why the Ninth was originally the Eleventh

58:37 — Enumerated in the Constitution, not the Bill of Rights

59:34 — Madison to Washington: two sides of the same coin

01:02:40 — The amendment the Supreme Court barely cites

01:03:41 — Madison, Patrick Henry, and the Virginia ratification fight

01:06:44 — Jenny Beth Martin on the SAVE America Act, the Safeguard American Voter Eligibility Act, and proof of citizenship to register to vote

01:08:14 — What Madison's letter about a new convention really says

01:13:01 — Two hundred fifty years, and a government you can change

01:14:43 — Closing: you do not have to become a scholar

Links mentioned:

  • The full four-lesson founding principles training: teapartypatriots.org/1776
  • The show: jennybethshow.com
  • Tea Party Patriots Action: teapartypatriots.org