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Kurt Lash's Majoritarian Difficulty: A Response to a Textual-Historical Theory of the Ninth Amendment (Response to Article in This Issue, P. 895)

eBook details

Title: Kurt Lash's Majoritarian Difficulty: A Response to a Textual-Historical Theory of the Ninth Amendment (Response to Article in This Issue, P. 895)
Author : Stanford Law School
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 347 KB

Description

INTRODUCTION When it comes to interpreting the Ninth Amendment, Kurt Lash and I agree about many important issues--indeed, too many to enumerate here. But Lash has an idee fixe: majoritarianism. In particular, he believes in a retained collective right of the people to majoritarian rule or a collective right of the majority to rule--or something like this; he is not clear. So powerful is his commitment to this idea that it sometimes bends his interpretation of the copious evidence he discusses to support his belief that the Ninth Amendment originally referred to "collective" majoritarian rights.