Eric William Palfreyman (Southern Methodist University – Dedman School of Law) has posted Natural Law, the Ninth Amendment, and American Judicial Decision Making on SSRN. Here is the abstract:
This thesis examines some of the primary intersections between Natural Law and the American judicial process. Portions of the paper examine some of the applicable and fundamental principles of Natural Law as presented in the writings of Thomas Acquinas and John Locke. Subsequent portions of the paper present examinations of the rights debates that occurred prior to the “acceptance” of the Constitution and why those arguments were so centrally focused on the issue of “pre-existing and inalienable” rights. A portion of this thesis presents summaries and examinations of the Natural Law debates that occurred between the Senate Judiciary Committee and Clarence Thomas during his nomination proceedings in 1993. The role of Natural Law in the text and meaning of the Ninth Amendment to the Constitution is analyzed. And, finally, the relationship between Natural Law, the Ninth Amendment and the decisions leading to Roe v Wade are examined – showing the impact Natural Law continues to exert in modern times through one of the most controversial Supreme Court decisions published in modern times.