The Introduction of My New Book

is available here for download.

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1 Response

  1. Joe says:

    The reference by a Supreme Court justice in a speech cited by the introduction is curious since he speaks about how there are random rights in the Constitution but not a specific list or anything. That is a somewhat curious thing to say even beyond the actual list in Art. 1, sec. 9 & 10, but really strange since the Bill of Rights itself belies his statement. And, looking at the speech itself, he references the religion clause in the 1A, so by “Constitution” he did mean that too.

    I would be interested to see if other legal scholars respond to your analysis, since your comments here and elsewhere suggests certain arguments that are different from how the “Bill of Rights” was understood in common works including by Prof. Amar et. al. This includes an early book (c. 1960) on the ratification of the Bill of Rights itself.