Seminar: Unenumerated Rights and the Constitution

Catalog description

Explores the concept of "unenumerated rights" in the American constitutional tradition and, in particular, the concept of "substantive due process" as the mechanism by which such rights have been protected. Discusses the jurisprudential background of the concept of unenumerated rights, as well as survey the development of the doctrine in general. Also discusses in-depth several specific examples of the protection or non-protection of such rights including: the "liberty of contract," the right to travel; rights relating to marriage and parenting; rights to bodily autonomy and control.