This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.

Document Type

Book Review

Publication Information

91 Yale Law Journal 207-216 (1981)


Reviewing L. Black Jr.'s Decision According to the Law (1981).