Thursday, May 13, 2004
Solum on Lash, Barnett, and the Ninth Amendment
The caption for this post does not, I admit, sound much like "Catholic legal theory." Nonetheless -- and particularly in light of Steve's provocative question about the moral responsibility of those who engage in constitutional theory -- I cannot resist urging Mirror of Justice readers to surf over to Larry Solum's Legal Theory Blog, and spend a few minutes with this wonderfully detailed and helpful summary of the Lash / Barnett debate concerning the Ninth Amendment, popular sovereignty, and individual rights. I also recommend Larry's discussion in the spirit of Amy's post below. Legal scholars and law teachers looking for examples of respectful dialogue, and of efforts to find bridges between those working from different premises, will find many such examples in Larry's work.
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2004/05/solum_on_lash_b.html