I delight in the array of ideas, especially inconsistent clusters of
ideas.  Constitutional debates tend to offer that delight.

      As one might expect from the reddest State in the Union it is normal
to hear in the classroom about activist judges on the issue of abortion and
the role of God in the Constitution.  Now, I know it is privilege
infliction of emotional distress, but I just can not help myself when I
give students the twin task of finding the word "privacy" in the USA
Constitution as well as to find the word "God" (or any of its variants) in
the USA Constitution.  It is always a contest to see who gets more confused
first:  liberals or conservatives.

      After that task, I often ask a question that nearly always generates
cognitive distance.  Perhaps it will be less perplexing for you.  In the
context of the express words of Amendment IX and Amendment X, how must a
judge rule in order to be an activist judge?

AMENDMENT IX
      The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

AMENDMENT  X
      The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

      By this county vote map I see Nebraska as the reddest State (i.e., no
blue or grey counties)  In oh so many ways, Oklahoma might claim it is the
reddest.
http://www.heartheissues.com/images/countymap2004.gif
      But, the second map at this link is the map that I prefer.
http://www.heartheissues.com/redstatemyth.html

Michael

Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department
College of Business Administration
Roskens Hall 502
University of Nebraska at Omaha
Omaha  NE  68182
[log in to unmask]
(402) 554 - 2823 voice  fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm