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by rayiner
726 days ago
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> There's a difference between "finding new constitutional rules," on the one hand, versus recognizing the logical implications of existing rules, on the other. A sweeping right to kill fetuses is not logically implied from a right to be secure against warrantless searches. Many legal systems have the latter protection, but the US is an aberration in interpreting it to create some right to bodily autonomy. > Mocking "emanations from penumbras" seems to hint at hostility to the Ninth Amendment's explicit rule that not every right and liberty must be explicitly spelled out in the Constitution. The Ninth Amendment is just a savings clause. It cannot support conjuring new rights into existence by spring boarding off enumerated ones. Put differently, the bill of rights isn’t a set of legal principles which can be invoked as the building blocks to divine previously non-existent rights to override democracy. The quoted portion of Griswold is unpersuasive in the extreme. I’d call up and yell at any associate that handed me anything like that. People would be up in arms if the Court used similarly vacuous reasoning to, for example, divine a “right” that was economic or regulatory in nature. |
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