The Case for Acknowledging Unenumerated Rights in the Supreme Court

A Modest Proposal: Why the Supreme Court Should Enforce Unenumerated | 🔗

Should the Supreme Court of the United States, arguably the most powerful legal tribunal in the history of the world, which for two centuries has overturned important state and federal laws, assume

The article presents a compelling argument for the Supreme Court to recognize and enforce unenumerated rights, suggesting that since the Court often operates without strict adherence to constitutional text, it should openly acknowledge its role in creating rights not explicitly mentioned in the Constitution. The author reflects on a change of heart regarding the skepticism of judicial power, emphasizing that much of constitutional law already lacks a clear textual basis. By citing various legal precedents and scholarly opinions, the piece argues for transparency in the Court’s methods and suggests that the absence of textual support should not hinder the recognition of fundamental rights that reflect societal values.

The Supreme Court has historically enforced rights not explicitly mentioned in the Constitution.
The author initially opposed judicial power but changed their stance, advocating for the recognition of unenumerated rights.
Legal precedents show that the Court often operates without strict textual constraints.
The article calls for honesty and transparency regarding the Court's role in defining rights.

What is the main argument of the article?

The article argues that the Supreme Court should recognize and enforce unenumerated rights since it often interprets the Constitution without strict adherence to its text.

Why did the author change their mind about unenumerated rights?

The author changed their mind because they realized that the Supreme Court frequently operates without a textual basis, and thus it should be allowed to identify fundamental rights that reflect societal values.

What examples does the article provide to support its argument?

The article mentions several legal precedents where the Court has recognized rights without clear textual support, such as the right to compete for college admissions without racial factors and the right to possess handguns in homes.