What Part of "Unenumerated" Is Unclear?
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I won't quote any particular passage from this atrocious New York Times op-ed by Princeton professor Robert P. George on whether there is a broad right to privacy in the Constitution or a specific right to contraception or abortion.
Of course, I'd gladly quote and critique his discussion of the Ninth Amendment, but he doesn't have one. Go figure.
Modern substantive due process jurisprudence, as strained and contorted as it may be, only arose because the other, more straightforward protections of rights, including the right to privacy, were so thoroughly quashed in earlier courts -- particularly the Ninth Amendment and the Privileges or Immunities Clause of the Fourteenth Amendment. If you lock the front door, then don't be surprised when people enter through the back door.
The truly maddening part of this never-ending debate are the so-called "conservatives" who are aghast at judges who "find" rights in the Constitution. What can possibly be more conservative than adhering to the plain text of the Ninth Amendment? Be as shocked -- shocked! -- to learn that judges are "inventing rights" as you want. Just don't do so while calling yourselves "conservatives."
Of course, I'd gladly quote and critique his discussion of the Ninth Amendment, but he doesn't have one. Go figure.
Modern substantive due process jurisprudence, as strained and contorted as it may be, only arose because the other, more straightforward protections of rights, including the right to privacy, were so thoroughly quashed in earlier courts -- particularly the Ninth Amendment and the Privileges or Immunities Clause of the Fourteenth Amendment. If you lock the front door, then don't be surprised when people enter through the back door.
The truly maddening part of this never-ending debate are the so-called "conservatives" who are aghast at judges who "find" rights in the Constitution. What can possibly be more conservative than adhering to the plain text of the Ninth Amendment? Be as shocked -- shocked! -- to learn that judges are "inventing rights" as you want. Just don't do so while calling yourselves "conservatives."
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Posted by KipEsquire on
17 September 2005
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