
Inherent Rights, the Written Constitution, and Popular Sovereignty
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It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
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Content
State Constitutions in the Early American Republic: The Experiment With Republican Government
Constitutional Practice in the Confederation Period: The Search for Effective Limits on Legislative Power
The Decision at the Philadelphia Convention: The Federal System as Bill of Rights
The Ratification-Era Debate Over the Omission of a Bill of Rights: The Constitution as Fundamental Positive Law
The Ninth Amendment and Modern Constitutional Theory
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