clause covered by an inkblot. Upon further study, Bork later ascribed a meaning to the Ninth Amendment in his book The Tempting of America. In that book, Bork subscribed to the interpretation of constitutional historian Russell Caplan, who asserted that this Amendment was meant to ensure that the federal Bill of Rights would not affect provisions in state law that restrain state governments. A libertarian originalist, Randy Barnett has argued that the Ninth Amendment requires what he calls a presumption of liberty. Barnett also argues that the Ninth Amendment prevents the government from invalidating a ruling by either a jury or lower court through strict interpretation of the Bill of Rights. According to Barnett, "The purpose of the Ninth Amendment was to ensure that all individual natural rights had the same stature and force after some of them were enumerated as they had before." According to professor and former Circuit Judge Michael W. McConnell, Still others, such as Thomas B. McAffee, have argued that the Ninth Amendment protects the unenumerated "residuum" of rights which the federal government was never empowered to violate. According to lawyer and diplomat Frederic Jesup Stimson, the framers of the Constitution and the Ninth Amendment intended that no rights that they already held would be lost through omission. Law professor Charles Lund Black took a similar position, though Stimson and Black respectively acknowledged that their views differed from the modern view, and differed from the prevalent view in academic writing. Gun rights activists in recent decades have sometimes argued for a fundamental natural right to keep and bear arms in the United States that both predates the U.S. Constitution and is covered by the Constitution's Ninth Amendment; according to this viewpoint, the Second Amendment only enumerates a pre-existing right to keep and bear arms. See also Constitutionalism Exception that proves the rule Negative liberty Tenth Amendment to the United States Constitution Footnotes Further reading Books Articles Barnett, Randy. "The Ninth Amendment: It Means What It Says", Texas Law Review, Vol. 85, p. 1 (2006). Barnett, Randy. "Kurt Lash's Majoritarian Difficulty", Stanford Law Review, Vol. 60 (2008). Lash, Kurt. "The Lost Original Meaning of the Ninth Amendment", Texas Law Review, Vol. 83 (2004). Lash, Kurt. "The Lost Jurisprudence of the Ninth Amendment", Texas Law Review, Vol. 83 (2005). Lash, Kurt. "A Textual-Historical Theory of the Ninth Amendment", Stanford Law Review, Vol. 60, p. 906 (2008). McConnell, Michael.