Thursday, January 03, 2008

From Nine to Five

Yesterday, I read -- "skimmed" is probably more accurate -- about three-quarters of Frederick Mark Gedick's extremely interesting article arguing that the original understanding of the Due Process Clause included a substantive component: An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment.

Professor Gedick's article is well done and clearly requires a response. I was just thinking that it was time for Kurt Lash to branch out into the due process clause when, lo and behold, I saw that Randy Barnett has fired his latest shot in their ongoing debate over the meaning of the Ninth Amendment: Kurt Lash's Majoritarian Difficulty. I guess that Professor Lash will be otherwise engaged for a bit longer. Oh well.

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