Natural Law and the Ninth Amendment

amendment.Thus, the right of privacy-a right which is not included in the first eight amendments-cannot be infringed by state legislation.8 Justice Black disagreed vehemently with Justice Goldberg on this point.Such an interpretation, he claimed in his dissent, would give the Supreme Court unlimited power to hold state laws unconstitutional whenever the Court believed the legislative policy on which they were based was unreasonable, unwise, or irrational.The adoption of such a loose, flexible, uncontrolled standard for holding laws unconstitutional ... will amount to a great unconstitutional shift of power to the courts which I believe and am constrained to say will be bad for the courts and worse for the country.4 3. 381 U.S. 479, 486-99.4. Id. at 521.