3 ms·

Can you point an originalist to the constitutional clause or amendment that grants such a right?

• Rooster61 7y ago
  It probably isn't in the Constitution, but I would not be surprised if there was legal precedent for such a thing.
  • bb88 7y ago
    That's the problem with an originalist, settled law isn't necessarily settled. Previous court decisions may have been decided incorrectly.
• homonculus1 7y ago
  No clause or amendment grants any right. Rights are explicitly innate to the individual and not granted by or limited to the constitution.
  • bb88 7y ago
    An originalist would point out that the constitution does not grant rights, but merely limits the laws and actions that government can take. Despite what the constitution says, human rights are not self evident, they must in fact be legalized.
    • MereInterest 7y ago
      This hypothetical originalist would have an interesting time dealing with the ninth amendment, which explicitly states that the Bill of Rights is not a full listing of all human rights. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."