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Defense and prosecution.(letters to the editor)(Letter to the editor)

National Review

| April 11, 2005 | Tribe, Laurence H.; Ponnuru, Ramesh | COPYRIGHT 2005 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Ramesh Ponnuru accuses me of presenting "fantasy as fact" ("How to be a Hero of Liberty," March 14), but succeeds only in displaying National Review's lack of journalistic scruple.

I have written much about how the Ninth Amendment serves not as a separate source of rights but as a reminder that enumerated fights like "freedom of speech" may reach beyond their literal terms and that some fundamental rights are not enumerated at all but must be inferred from the Constitution's structure, history, and "tacit postulates." Ponnuru doesn't attack those writings on the merits. Instead, he undertakes a virtual grave-robbing exercise, excavating an eleven-page memoir from ...

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