Good article. One of the most interesting aspects of Ruth Bader Ginsburg's career was her criticism of how Roe v. Wade was crafted. Her view was that public support for abortion rights was growing
and it would have been better to allow each state to design specific laws for what situations a woman should be allowed to legally terminate an unwanted pregnancy.
I'm not defending Roe v. Wade as solid jurisprudence, merely pointing out that even the most egregious example of living constitutionalism was wrapped in the bow of false originalism and precedence. My point is that legislating from the bench has only been engaged upon under cover of the appearance of sound jurisprudence and there are no true and wholly devoted living constitutionalists on the bench. Originalism may be departed from for a season, by any number of political interests, but it always returns as the proper form of jurisprudence. It will be further explained in the final segment.
As for the right of privacy, it is both an inferred right secured by the fourth amendment and a fundamental right found in nature and sheltered by the provision of the ninth amendment. It did not need to be "created." This is similar to the right of self-defense. It is not specifically enumerated in the Bill of Rights, but it is inferred in the second amendment and sheltered by the provision of the ninth amendment.
Good article. One of the most interesting aspects of Ruth Bader Ginsburg's career was her criticism of how Roe v. Wade was crafted. Her view was that public support for abortion rights was growing
and it would have been better to allow each state to design specific laws for what situations a woman should be allowed to legally terminate an unwanted pregnancy.
I'm not defending Roe v. Wade as solid jurisprudence, merely pointing out that even the most egregious example of living constitutionalism was wrapped in the bow of false originalism and precedence. My point is that legislating from the bench has only been engaged upon under cover of the appearance of sound jurisprudence and there are no true and wholly devoted living constitutionalists on the bench. Originalism may be departed from for a season, by any number of political interests, but it always returns as the proper form of jurisprudence. It will be further explained in the final segment.
As for the right of privacy, it is both an inferred right secured by the fourth amendment and a fundamental right found in nature and sheltered by the provision of the ninth amendment. It did not need to be "created." This is similar to the right of self-defense. It is not specifically enumerated in the Bill of Rights, but it is inferred in the second amendment and sheltered by the provision of the ninth amendment.