Author Description

Recovering the Constitution is not just another indictment of the Supreme Court's grievous use of its Fourteenth Amendment doctrine of substantive due process to usurp the power of the people and the states to enact laws for the common good. This book offers an innovative argument for states to reclaim their historic authority to protect the fundamental rights at common law of life, liberty, and property by means of the Ninth Amendment. In a compelling presentation, Fowler urges a return to the Constitution's historic, common law foundation and our federal system of dual sovereigns wherein states preserve those ancient rights and duties of persons that the Supreme Court has since wrested from them. As a lawyer and former state legislator, Fowler is uniquely positioned to challenge the whole framework of contemporary Supreme Court "rights jurisprudence"--and states' capitulation to it. His challenge is particularly timely in light of the Supreme Court's recent decision to revisit the fetal viability standard by which lower federal courts are judging the constitutionality of state abortion laws.