 | 15. Bennett B. Patterson,
The Forgotten Ninth Amendment
(Indianapolis: Bobbs-Merrill, 1955), p. 109. Redlich, "Are There Certain Rights Retained by the People?," p. 146, takes an intermediate approach, suggesting that the Ninth Amendment should be seen as dealing not with absolute but with "preferred" rights. Eugene M. Van Loan III, in "Natural Rights and the Ninth Amendment," in Barnett,
Rights Retained by the People
, pp. 16566, argues that Madison saw the protected rights as substantive rather than procedural. Simeon C. R. McIntosh, ''On Reading the Ninth Amendment: A Reply to Raoul Berger,'' in Barnett,
Rights Retained by the People
, p. 228, takes a political construction rather than natural law view of rights: "When I use the term 'rights,' I am speaking in the narrow sense of a claim created by a civil authority as opposed to other rights, such as natural rights, said to derive from man's rational nature."
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| 16.
Griswold v. Connecticut
, 381 U.S. 479, 484 (1965).
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| 17.
Griswold
, at 488. Raoul Berger, "The Ninth Amendment," in Barnett,
Rights Retained by the People
, pp. 218 and 192, takes severe exception to what he calls Goldberg's "legal legerdemain," which would take away the people's right to self-government and give it to the justices of the Supreme Court: "Who is to protect undescribed rights? Justice Goldberg would transform the ninth amendment into a bottomless well in which the judiciary can dip for the formation of
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