Right to Privacy: It's already there
comments powered by Disqus
Aeon J. Skoble - 11/22/2005
One reason why some opposed the bill of rights is that they guessed (correctly, it turns out) that "if we specify some, future generations will think we meant those are the only ones we have." The 9th is meant to stave off that interpretation, and still didn't work. Stipulating a right to privacy might then be pyrrhic victory. In any case, I took him to be conceding the no-constitutional-right-to-privacy point when we made fun of the penumbras.
Charles Johnson - 11/22/2005
Did Savage claim that there isn't a right to privacy in the Constitution? As I read his column, he seemed to be saying that whether there is one or not, it's a matter of dispute and that the dispute could be settled unambiguously by adding an explicit amendment protecting the right to privacy. And further that it would be politically advantageous for supporters of the right to privacy to do so. But of course you can believe that while fully believing that the constitution already recognizes the right to privacy.
(You could make a similar argument that the whole first section of the 14th Amendment merely makes more explicit what any reasonable reading of "The United States shall guarantee to every State in this Union a Republican Form of Government" in Article IV Section 4 would demand; but that it was helpful, ca. 1868, to pass an amendment in order to make sure to settle a particular dispute over the kinds of state governments that white Southerners could get away with imposing.)
- Artist Corrects Inaccuracies At The George W. Bush Library With Augmented Reality
- “Unprecedented” discovery of mysterious structures created by Neanderthals
- This Man Spent 25 Years Documenting Every Day of Hitler's Life
- Anti-Gay, Pro-Creationism Birther Won’t Be Deciding What Textbooks Your Kids Read
- What About Us, Nagasaki Asks, as Obama’s Hiroshima Trip Nears
- Jean Edward Smith, biographer of FDR and Ike, has a new biography coming out … of George W. Bush
- Flora Fraser, biographer of George and Martha Washington, wins $50,000 George Washington Prize
- Michael Cohen explains why he calls his book on 1968 “American Malestrom"
- Fredrik Logevall on Obama's Legacy