ABSTRACT
Judge Posner and I have been asked to debate the subject of unenumerated rights. I am at a disadvantage, because I think that the distinction between enumerated and unenumerated constitu tional rights, a distinction presupposed by our assignment, is bo gus. I shall explain why, but it would be unfair to end my contribu tion to the expected debate with that explanation. The topic “ unenumerated rights” on a conference menu leads the audience to expect some discussion of abortion, the most violently debated constitutional issue of our era. So I shall try to explain how that constitutional issue should be resolved once the distinction be tween enumerated and unenumerated rights is safely shut up with other legal concepts dishonorably discharged for bad philosophy.
