norml21 - Page 48
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if Wtis taken from them without their consent
they are enslaved...
(emphasis added).
The assertion of the existence of natural rights "not to be
restrained but for the evident good of the community" approaches
closely the compelling state interest requirement adopted by
Goldberg in Griswold:
In a long series of cases this court has held
that where fundamental personal liberties are
involvedf they may not be abridged by the
states simply on a showing that a regulatory
statute has some rational relationship to the
effectuation of a proper state purpose.
Where there is significant encroachment upon
personal '_ _
llme_ty the State may prevail only
upon showing a subordinating interest which
is compelling°
381 U.S. at 497. Professor William Marne3ol_ in his book, Manmad______e
Moral_ Four Ph[losqpbies That ShaRed A_er_ca_ discussed
Alexander Hamilton's view of society as the pro:ector of personal
liberties, and stated that Hamilton was fond of quoting from
Blackstone that _'the principle aim of society is to protect
individuals in the enjoyment of those absolute rights which
were vested in them by the immutable laws of nature; that the
first and primary end of laws is to maintain and regulate these
absolute rights of individuals°" ii at 158. Hamilton, in
FederAlist No. 7! extends the protective authority of the
judiciary to encroachments by the majority upon rights which a
minority intended to express:
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