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 individual rights that was the primary concern of the Founding
 Fathers in building limits into our system of constitutional
 government. The Bill of Rights specifies certain rights of the
 people. The Ninth Amendment is an iteration of the principle
 that other individual interests may not be abridged by
 implication° A dangerous increase in legislative power and abuse
 would result if it were concluded that only the enumerated rights
 were protected from arbitrary government encroachment°
 Presumptive constitutionality should not be relied upon for
 complete abdication of the task of review with regard to laws
 made under the power to protect 'Ppublic morality and public
 welfares" The total rejection by state or federal authorities of
 the need to show facts justifying the interference in the life
 and choices of the individual cannot be tolerated under
 responsible government° The review of factual and empirical
 evidence justifying a legislative enactment and establishing its
 actual_ rather than "presumed _' rationality, is implicit in a
 society of limited and responsible government° Such government
 must scrutinize amorphous power which is subject to abuse. We
 have inherited from the common law the concept of police power°
 The police power, largely in implied or "residuary" power, is,
 when proclaimed in its broadest sense, a great challenge to the
 concept of limited government. Increasingly, our courts have
 been concluding that criminal sanctions long tolerated under the

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