Upcoming Speeches:
Today at noon I will be speaking about "Constitutional Cliches: Does Trite Make Right?" at the Vanderbilt School of Law in Nashville.
On Saturday morning, I will be speaking at a conference on unenumerated rights at Drake Law School in Des Moines. In formation about what looks like a very interesting conference is here.
Law symposium to explore forgotten Constitutional Amendments
On Monday afternoon at 4pm, I will again be speaking on "Constitutional Cliches" at the University of Virginia College of Law in Charlottesville.
On Saturday morning, I will be speaking at a conference on unenumerated rights at Drake Law School in Des Moines. In formation about what looks like a very interesting conference is here.
Law symposium to explore forgotten Constitutional Amendments
Drake Law School's Constitutional Law Center will hold its 2008 symposium, Saturday, April 5, in room 213 in Cartwright Hall. The topic will be "The Forgotten Constitutional Amendments."Other speakers include: Daniel Farber, Kurt Lash, Michael Kent Curtis, Rebecca Zietlow, and David Bogen.
Scholars will discuss how and why the Ninth and 14th Amendments are considered to be largely forgotten amendments.
They will also explore how the Supreme Court has rarely addressed these amendments when deciding cases.
"The Supreme Court has issued rulings declaring that there is a right to privacy that includes a right for women to have abortions, and that includes a right for homosexuals to engage in sexual activity," said Mark Kende, director of the Constitutional Law Center. "Yet these rulings are based on a part of the Constitution that has to do with due process.
"The Ninth Amendment and 14th Amendment Privileges or Immunities Clause seem, by their language, to be possible provisions that make sense for the court to use in discussing individual rights. Mysteriously, however, the court has rarely discussed those clauses.
"This conference will explore the reasons why the court has hesitated to rely on those provisions, and whether anything is likely to change in the future. The conference will therefore shed light on some of the most important and controversial political issues of our time such as abortion and homosexuality," he added.
On Monday afternoon at 4pm, I will again be speaking on "Constitutional Cliches" at the University of Virginia College of Law in Charlottesville.
Yeah, at first I thought this was some sort of parody.
P.S. Snowing right now, but Saturday is supposed to be more spring-like for weather.
As far as either the 9th, or broader reading of the 14th goes, I suspect the reason for treating them like the psychotic relative kept locked in the basement lest the friends and neighbors find out is that action under their terms... seems obvious. Most of us (excepting Judge Bork) are comfortable with the idea that the bill of rights and the 14th protects some things other than those expressly set out, on the most narrow reading, of Amendments 1-8. But courts have been reluctant to make that too apparent. And thus to create any coherent theory of what is protected and what is not. (1) This is protected. (2) What about that, which is essentially identical? "Certiorari denied."
That said, I'm sad that I cannot take some time off work to see you speak in C'ville. Enjoy, and debate John Harrison while you're there.