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 recognized throughout out legal history with respect to a
 person's property. It is no less true and no less applicable to
 his own person°
 Vo "UNENUMERATED RIGHTS" IN THE NINTH _ENDMENT DO NOT
 ENCOMPASS ONLY THOSE RIGHTS "FUNDAMENTAL" TO A FREE
 SOCIETY°
 The task of Ninth Amendment review necessarily requires the
 weighing of available evidence in the light of competing values,
 i.e°_ the value of the freedom to engage in the activity and the
 benefit to society in preventing a potentially criminal activity_
 Unlike due process testsf however, the findings under Ninth
 Amendment review should not totally depend upon the "importance"
 or the "fundamentality" of the right involved° Legislative
 overreach and irresponsible criminalization cannot stand even
 when less than fundamental rights are involved_ That task is to
 insist upon rationality, scientifically defensible findingsr in
 the criminalization process.
 In a scientific ages principles of jurisprudential and
 constitutional reasonableness necessarily involve a requirement
 of date and evidence to support a determination that an activity
 presents a danger which requires intervention under the police
 power° Patterson_ Law in a Scientific Ag_e_ (1963). This is of
 particular importance when the intervention takes the character
 of criminalization. For the criminal sanction, unlike civil
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