Amusing Comment on George Will's Rehabilitating Lochner Column

(David Bernstein)

From the comments section of a blog called "Crooks and Liars": "Oh, and by the way, not only is Will immoral, he is also a f*cking idiot: the Contract Clause at issue in Lochner is found in Article 1, Section 10, Clause 1 of the Constitution, not in the Ninth Amendment you dimwit."

[In fact, the Contract Clause played no role in Lochner, and Will correctly identified the Ninth Amendment, along with the Fourteenth Amendment's Due Process and Privileges or Immunities Clause, as alluding to unenumerated rights; he never said anything about the Contract Clause, much less claimed that it was in the Ninth Amendment.]

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Published on September 09, 2011 13:32
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