Psychology seemed more interesting at the time, and the pre-law students seemed a bit ... anti-intellectual.
How you interpret the 9th and 10th Amendments is probably the most fundamental issue in American politics, but almost totally overlooked in public discourse.https://twitter.com/senatorshoshana/status/981570490027380736 …
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YES OH MY GOSH YES. THIS. YES.
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So maybe people could pay more attention to the 9th Amendment in Congress instead of worrying so much about what courts should do with it. (Shameless plug: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2191196 …)
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Interpretation aside, the moralistic discourses we engage in nowadays preclude the
#LaboratoriesOfInvention from giving us empirical data on government that works… bc if one states trying out a law or program, then those who dont are choosing to work against the oppressed
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One of the biggest Tory critiques of replacing British common law with constitutional law is that it is impossible for ppl at one point to anticipate every right that will need to be protected for all time.
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Yeah, the 9th and 10th are cool or whatever. You want to talk about an overlooked amendment? Stand up for your 3rd amendment rights!
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Serious note:
@primalpoly is absolutely right. Many modern landmark cases were based on unenumerated rights. Many differing opinions on the right process (or processes) to derive unenumerated rights. Our forefathers were basically shitposters trolling us from the past.
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(1/2)You're absolutely correct. I was (incoherently) threading two different issues. Didn't mean to imply those decisions were based on 9th/10th but that they revolved around debates about unenumerated rights. Usually through 14th (but also 5th) via Substantive Due Process.
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(2/2) I was originally thinking of this paragraph from Obergefell: "The identification and protection of fundamental rights is an enduring part of the judicial duty to interpret the Constitution. That responsibility, however, 'has not been reduced to any formula.' "
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