Cooperation with Evil

An initial response to Steve's question.

My first response would be (I think) to do an intellectual examination of conscience as to how I developed my theory of constitutional interpretation. Was it driven by ideological presuppositions (i.e., libertarianism) giving rise to wishful thinking that the 9th Am. and the P & I clause of the 14th Am. incorporate a strong libertarian form of the harm principle? Or, can I truly say that I have come to believe that the 9th Am. and the P & I clause of the 14th Am. actually incorporate judicially enforceable protection along a strong libertarian form of the harm principle?

If the former, then Roe serves as a reality check, encouraging me to admit my bias and adjust my constitutional theory. If the latter, then Steve's question remains open - and I'll try to hazard my own answer to that question later.

I welcome any comments on or criticisms of this first response.

Michael