3 ms·
Would that this was true. That would be an originalist reading. The modern activist SCOTUS is able to find "emanations and penumbras" in the Constitution of w
by wrycoder 5y ago
Would that this was true. That would be an originalist reading. The modern activist SCOTUS is able to find "emanations and penumbras" in the Constitution of which the founders never dreamed. [0]
[0] https://en.wikipedia.org/wiki/Griswold_v._Connecticut https://en.wikipedia.org/wiki/Griswold_v._Connecticut
- shadowgovt 5y agoIt is, perhaps, worth noting that the "penumbra" you're describing is the right to privacy, which was never enumerated anywhere in the Constitution.
- hcurtiss 5y agoYes, that decision is so controversial precisely because it's one of the rare instances of the court divining constitutional entitlements that did not previously exist. It is in many ways the exception that proves the rule.