...rights should not lead it to repeat the process at will. The Judiciary, including this Court, is the most vulnerable and comes nearest to illegitimacy...having little or no cognizable roots in the language or even the design of the Constitution. Realizing that the present construction of the Due Process Clause...

...of its current confusion and constitutional lawlessness. As Associate Justice White recently warned, the Court is most vulnerable, and comes nearest to illegitimacy, when it deals with judge-made law having little or no cognizable roots in the language or design of the Constitution, and Justice...

...of its current confusion and constitutional lawlessness. As Associate Justice White recently warned, the Court is most vulnerable, and comes nearest to illegitimacy, when it deals with judge-made law having little or no cognizable roots in the language or design of the Constitution, and Justice...

...expansive view of our authority to discover new fundamental rights imbedded in the Due Process Clause. The Court is most vulnerable and comes nearest to...was painfully demonstrated by the face-off between the Executive and the Court in the 1930's, which resulted in the repudiNevada (Terr.): Nev. Comp. Laws,...

...homosexual relations. He posed the difference, as we have seen, in terms of constitutional illegitimacy: "The Court is most vulnerable and comes nearest to...with judge-made constitutional law having little or not cognizable roots in the language or design of the Constitution."174 What can White mean by constitutional...

...expansive view of our authority to discover new fundamental rights imbedded in the Due Process Clause. The Court is most vulnerable and comes nearest to...illegitimacy when it deals with judge-made constitutional law 1X. 746 F.2d at 1582. 12. 106 S. Ct. 2841 (1986). 13. Id. at 2843 & n.3. having little or no cognizable...

...conclusion. "The Court is most vulnerable and comes nearest to illegitimacy," wrote Justice White, "when it deals with judge-made constitutional law...cognizable roots in the language or design of the Constitution."86 This refreshing observation affords some basis for the hope that five Justices may...

...interpreted, stating that courts are, 'most vulnerable and [come] nearest to illegitimacy when . . . [dealing] with judge-made constitutional law having little or...cognizable roots in the language or design of the Constitution'119 The current Supreme Court has stated that the right of privacy should only be extended...

...joined by Chief Justice Burger and Justices Powell, Rehnquist, and O'Connor, called the privacy right "judge-made constitutional law having little or no...roots in the language or design of the Constitution." 32. Webster, 492 US at 518. 33. McCuUoch, 17 US (4 Wheat.) at 421. 34. Webster, 492 US at 548-549....

...of abstraction appropriate in constitutional cases. If the judicial protection of "liberty" involves "constitutional law having little or no cognizable...roots in the language or design of the Constitution," perhaps the "right" level of abstraction in these cases should be "zero." If anything, Justice White...