Wednesday, December 10, 2008

More Randy Barnett

Randy Barnett's website is a wealth of great constitutional writing, etc. Most of his non-book writings (op/ed's, law review articles, etc.) are linked on the site.

This law review article is basically what Barnett is talking about in the video below. He mentions it at the beginning of Q&A. Looks to be good preparation for the next few weeks of Con Law II. 

Also in the video he talks about a working draft of the Bill of Right, written by Roger Sherman.
Sound familiar, you say?...

Adams:
Mr. Sherman, I say you should write it
You are never controversial as it were

Sherman:
That is true 

Adams:
Whereas if I'm the one to do it
They'll run their quill pens through it
I'm obnoxious and disliked, you know that, sir

Sherman:
Yes, I do 

Yes, that Roger Sherman. Anyone in the 5-man drafting committee for the Declaration of Independence is O.K. with me...

Anyway, Barnett mentions this draft by Sherman, partly excerpted below. Does this help give some more context to the 9th amendment?:
The people have certain natural rights which are retained by them when they enter into Society, Such are the rights of Conscience in matters of religion; of acquiring property, and of pursuing happiness & Safety; of Speaking, writing and publishing their Sentiments with decency and freedom; of peaceably assembling to consult their common good, and of applying to Government by petition or remonstrance for redress of grievances. Of these rights therefore they Shall not be deprived by the Government of the united States.

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