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So IANAL, but didn't Griswold v. Connecticut establish that some rights DO exist without being enumerated anywhere? Specifically, that the guarantees in the bil
by 542458 11y ago
So IANAL, but didn't Griswold v. Connecticut establish that some rights DO exist without being enumerated anywhere? Specifically, that the guarantees in the bill of rights have "penumbras" that imply other rights not explicitly stated in any text (and not necessarily in common practice before the establishment of the constitution), but rather implied by the spirit of the text as a whole.
- dragonwriter 11y ago> So IANAL, but didn't Griswold v. Connecticut establish that some rights DO exist without being enumerated anywhere? Not really, > Specifically, that the guarantees in the bill of rights have "penumbras" that imply other rights not explicitly stated in any text No, the ideas of "penumbras" and "emanations" in Griswold are not nonenumerated rights; they are the full scope of the meaning of particular enumerated rights and products of the combination of those enumerated rights, not rights that exist independent of enumeration.