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To: El Gato
Even the privacy, such as it is, of being "secure in one's person, house, papers and effects", protected by the 4th amendment is only secured against unreasonable searches and seizures. It does not protect any an all actions taken in private.

The only possible place to find a right of privacy is in the 9th amendent, but to find one there, and one that protects private sexual conduct at that, one would have to submit some evidence that such a right was recognized at the time of adoption of the 9th amendment..
and that would be a tough row to hoe, --
-El Gato-



"A right to live unmolested" was well known to the founders:

__ The great lawyer of the [Puritan] period, Sir Edward Coke, made it a maxim that the common law was the embodiment of reason; -- it followed that judges must not only give reasons for their decisions, but must use reason to iron out the kinks created by bad cases…. "Nature is the twin of reason in that both are given: man is the reasoning animal by nature, and nature is what man finds ready-made to be reasoned about. It acts apart from his will and wishes. Natural law and natural rights seem plain when one argues about fundamentals;

for instance, that every human being has a right to live unmolested,

that government is needed to ensure that right, and that man-made laws must serve and not defeat natural rights.
If any civil law does work against a natural right, the law of nature warrants disobeying the law and even overthrowing the government."

"These reasonings are familiar to those who remember the preamble to the Declaration of Independence…."

1,409 posted on 06/26/2003 5:25:35 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak.)
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To: tpaine
El GATO says The only possible place to find a right of privacy is in the 9th amendent, but to find one there, and one that protects private sexual conduct at that, one would have to submit some evidence that such a right was recognized at the time of adoption of the 9th amendment.. ,

pain says: that every human being has a right to live unmolested, that government is needed to ensure that right,

Except when it comes to homosexual consensual incest, Hypocrite alert!

1,415 posted on 06/26/2003 5:43:17 PM PDT by Clint N. Suhks
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