11 Pages Posted: 23 Sep 2011 Last revised: 30 Dec 2014
Date Written: 1981
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Keywords: Ninth Amendment, Activist Judge, Book Review
Suggested Citation: Suggested Citation
Van Alstyne, William W., Slouching Toward Bethlehem with the Ninth Amendment (1981). Yale Law Journal, Vol. 91, p. 207, 1981; William & Mary Law School Research Paper No. 09-158. Available at SSRN: https://ssrn.com/abstract=1932341