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Thursday, December 08, 2005

Spare me your "emanations" and "penumbras"

Conservative commentators are fond of finding fault with U.S. courts, especially the Supreme Court for ruling that people have certain rights that aren't mentioned anywhere in the Constitution. They often make fun of the ruling in Griswold v. Connecticut, which mentioned that the Constitution and Bill of Rights has certain "emanations" and "penumbras" from which other rights may be deduced.

Even though these commentators claim to be faithful to a "strict constructionist reading" of the Constitution and bemoan "legislating from the bench", they are idiots one and all.

As the Future of Freedom Foundation said, far more eloquently than I can:
A common misconception among the American people is that their rights come from the Constitution. Even lawyers and judges are guilty of believing this, oftentimes suggesting that whether a right exists or not depends on whether it is listed in the Constitution. Law-enforcement agents read criminal suspects “their constitutional rights,” which leads some people to infer that the Constitution is the actual source of people’s rights.

Nothing could be further from the truth.

Read the whole thing -- it's great. Then read the Ninth Amendment to the U.S. Constitution.


  • are you dave merangio?

    your high school is looking for you!

    By Anonymous Anonymous, at 12:59 PM  

  • Close, but...

    Um, no, not even close, really.

    By Blogger David, at 2:34 PM  

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