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Uniting Constitutional Protection for Economic and Social Liberties, Part 3: Can the Ninth Amendment Save Us?

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In part 2 of this series (December), I argued that unenumerated noneconomic rights such as those of parents or the right to marry are generally considered “fundamental rights” under the approach libertarian legal scholar Randy Barnett labels “Footnote Four-Plus.” That is, the rights of parents are nowhere enumerated in the Constitution including the Bill of Rights, but are nonetheless ...

Uniting Constitutional Protection for Economic and Social Liberties, Part 2: The Great Depression and the Great Divide

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Part 1 | Part 2 | Part 3 In part 1, I traced the evolution of “substantive due process” jurisprudence under which the Supreme Court protected a variety of unenumerated rights, both economic and personal, through the Due Process Clause of the Fifth and Fourteenth Amendments. Many of the unenumerated rights that had been protected ...

The War on Terrorism, the Constitution, & Civil Liberties: UC Boulder

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From October 15-19, 2012 The Future of Freedom Foundation and the Young Americans for Liberty co-sponsored a College Civil Liberties Tour that brought a panel of three lawyers – a libertarian, a liberal, and a conservative – to five campuses on the West Coast. The three panelists, inluding Jacob G. Hornberger, Glenn Greenwald, Bruce Fein, and along with moderator ...