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To: AntiBurr

I see but what about the right to privacy and so on? It isn't mentioned in the Constitution but most people (excluding Bork naturally) would say we should have that right. Isn't that an example of our rights growing larger?


64 posted on 05/05/2005 5:54:19 PM PDT by Mr. Blonde (You know, Happy Time Harry, just being around you kinda makes me want to die.)
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To: Mr. Blonde
So far as I can determine, the nearest thing to a "right to privacy" is in:

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

66 posted on 05/05/2005 6:17:26 PM PDT by AntiBurr ("The heart of the wise inclines to the right, but the heart of the fool to the left."-- Ecclesiastes)
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To: Mr. Blonde

The fact that a right wasn't enumerated in the Constitution doesn't mean it didn't exist. There was tremendous opposition to writing the Bill of Rights, because the founders believed such a bill would be used to LIMIT rights rather than guarantee them. The 9th Amendment was added to assure that the people had many rights besides those enumerated.

So they aren't growing. They are being identified by the courts.

The problem I have with a right to privacy is that it is being used to override more essential rights: those of life and liberty. When your unenumerated right infringes upon my enumerated right, then we have a fundamental violation.


114 posted on 05/06/2005 6:38:10 PM PDT by gitmo (Thanks, Mel. I needed that.)
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