(GWAVA: SPAM) Re: Ninth Amendment

[Mark Graber]

During the 20th century, Americans came to believe that the rights the
Constitution was designed to protect were all the enumerated and
enforced by the federal judiciary.  The enumeration, however, is only
one constitutional strategy for protecting rights.  Both the framers of
the original Constitution and the framers of the post-Civil War
Constitution relied on alternate rights protective approaches.  To
oversimplify a good deal, Madison emphasizes the large republic rather
than parchment barriers as the best means for protecting rights.  Or at
least I plan to argue this in a forthcoming paper.  I should emphasize,
that not being a certain kind of originalist, I think it may be
appropriate for the federal judiciary to protect certain rights that
were originally designed to be protected elsewhere.

Mark A. Graber

>>> "Michael Richardson" <ballotaccessproject at hotmail.com> 02/08/06
11:52 AM >>>