and general equality for all citizens under law. Hence, the Constitution itself is inadequate if read in the interpretative model, for it says nothing of many of the rights American society values as indispensable. There exists a long-standing tradition of belief in natural rights within American civilization. The Constitution textually defined only a portion of these and left the outline of those remaining to be defined and protected by an undeclared institution. The court filled this role through the function of judicial review and the power vested by the 14th amendment. The Founding Fathers had no intention of declaring every human right; rather, they created a system by which future generations could modify existing legislation in the context of contemporary codes. Since that time, a vast number of crucial cases in U.S. history have required extrapolation beyond the exact written words of the Constitution. Without which the rights of the citizens of this society would be far less secure and well defined. Hence, one recognizes the superiority of the non-interpretive model.There are several weaknesses to the non-interpretative model of Constitutional review. One such weakness deals not with the content of declared rights but with the manner by which they come about. Despite that the equal protection doctrine, the right to privacy, and freedom of association are good and may be based on reason, they do not stem from interpretation of the written Constitution. Therefore, critics argue that they are wholly illegitimate. The Court now becomes an arbiter of fundamental value choices, and if these are defined by the Constitution, the Court need not intervene. Yet, it matters less how these rights come about if the majority of society recognizes them as fundamental to a functioning democracy. Additionally, one must return to the recognition that values change within a society and the Constitution cannot fully allow for all rig...
