Read Greece, Rome, and the Bill of Rights Online

Authors: Susan Ford Wiltshire

Tags: #Political Science, #General, #History, #Law, #Reference, #Civil Rights, #test

Greece, Rome, and the Bill of Rights (70 page)

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15. Bennett B. Patterson,
The Forgotten Ninth Amendment
(Indianapolis: Bobbs-Merrill, 1955), p. 109. Redlich, "Are There Certain Rights Retained by the People?," p. 146, takes an intermediate approach, suggesting that the Ninth Amendment should be seen as dealing not with absolute but with "preferred" rights. Eugene M. Van Loan III, in "Natural Rights and the Ninth Amendment," in Barnett,
Rights Retained by the People
, pp. 16566, argues that Madison saw the protected rights as substantive rather than procedural. Simeon C. R. McIntosh, ''On Reading the Ninth Amendment: A Reply to Raoul Berger,'' in Barnett,
Rights Retained by the People
, p. 228, takes a political construction rather than natural law view of rights: "When I use the term 'rights,' I am speaking in the narrow sense of a claim created by a civil authority as opposed to other rights, such as natural rights, said to derive from man's rational nature."
16.
Griswold v. Connecticut
, 381 U.S. 479, 484 (1965).
17.
Griswold
, at 488. Raoul Berger, "The Ninth Amendment," in Barnett,
Rights Retained by the People
, pp. 218 and 192, takes severe exception to what he calls Goldberg's "legal legerdemain," which would take away the people's right to self-government and give it to the justices of the Supreme Court: "Who is to protect undescribed rights? Justice Goldberg would transform the ninth amendment into a bottomless well in which the judiciary can dip for the formation of

 

page_213<br/>
Page 213
undreamed of 'rights' in their limitless discretion, a possibility the Founders would have rejected out of hand."
18. The cases respectively are
Freeman v. Flake
, 405 U.S. 1032 (1972);
Williams v. Board of Education
, 388 F. Supp. 93 (S.D.W.Va. 1975);
Burns v. Swenson
, 430 F.2d 771 (8th Cir. 1970); and
Tanner v. Armco Steel Corp.
340 F. Supp. 532 (S.D. Tex. 1972).
19.
Roe v. Wade
, 314 F. Supp. 1217 (N.D.Tex. 1970), affirmed in part, 410 U.S. 113 (1973).
20.
Roe
, 410 U.S., at 153.
21.
Richmond Newspapers v. Virginia
, 448 U.S. 555 (1980) (plurality opinion).
22.
Richmond Newspapers
, at 579.
23.
Bowers v. Hardwick
, 478 U.S. 186 (1986).
24.
Bowers
, at 199 J. Blackmun, dissenting.
25.
Webster v. Reproductive Health Services
, 492 U.S. 490 (1989).
26. Still a fine discussion of the references to the Greek leagues during the debates over the Constitution is that of Richard M. Gummere,
The American Colonial Mind and the Classical Tradition
(Cambridge, Massachusetts: Harvard University Press, 1963), pp. 179184.
27. Paul Petit,
Pax Romana
, tr. James Willis (Berkeley: University of California Press, 1976), p. 54.
28. In this discussion I follow Theodor Mommsen,
The Provinces of the Roman Empire
, ed. T. R. S. Broughton (Chicago: University of Chicago Press, 1968), pp. 82122 (from Mommsen's
History of Rome
, vol. 5, book 8).
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