Monday, November 19, 2007
The Catch-All Amendment
A while back (it takes an idea a while to make it here), as I was dealing with some statute or other, it occurred to me how often statutes listing factors for trial courts to consider end the list with some sort of catch-all. Such a provision typically authorizes the judge to consider "all other relevant factors" or something of the sort. Viewed in this context, the Ninth Amendment seems somewhat less troubling and impractical. If statutes can have catch-all provisions, why not the Bill of Rights? In each case, it's left to members of the judiciary to fill in the blanks.