I noted in my last post that federal courts have generally avoided the Ninth Amendment as a source of unenumerated rights and have instead developed a counterintuitive, not to say oxymoronic, alternative doctrine dubbed substantive due process. Where did this doctrine come from?
Share this post
Wherefore Substantive Due Process?
Share this post
I noted in my last post that federal courts have generally avoided the Ninth Amendment as a source of unenumerated rights and have instead developed a counterintuitive, not to say oxymoronic, alternative doctrine dubbed substantive due process. Where did this doctrine come from?