The emphasis must be not on the right to abortion but on the right to privacy
Ruth Bader Ginsburg, late Supreme Court justice
Hello Downriver,
In the context of whats been happening in our country these past several years and more importantly, these last several weeks, two themes continue to resonate with me.
A right to privacy and minority rule.
Now, Ive written about both in the past, but current developments call for a revisit.
In its most recent rulings, the conservative-dominated Supreme Court has determined that theres no such thing because the phrase doesnt exist in the Constitution.
Their argument is that as supposed originalists if something doesnt appear in the document, it doesnt exist.
That if the Founders didnt include it when writing the Constitution, then we cant add it later.
Except.
Except that the right to privacy is found throughout the Bill of Rights; indeed, its the very foundation of those first 10 Amendments.
So, to ignore that is to either be blind or simply refuse to accept the obvious.
And if I get it, why cant they?
Answer: Its not convenient nor conducive to supporting their conservative agenda of rolling back the rights of Americans.
Think Im off base?
Well, consider the words found in the Bill of Rights (the first 10 Amendments).
In the First Amendment, the Constitution establishes the concepts of freedom of religion, freedom of speech, freedom of the press, the right to assemble and the right to complain.
Whats important here is that freedom of religion and speech inherently imply a personal right; a right to have private beliefs that may not be infringed.
That a person has the right to have a private relationship with her/his faith; a right to personal, private thoughts that can be spoken aloud.
Neither right has to do with the collective mind; only the individual whereas the rights of the press and assembly in fact do deal with collective acts.
This means that Founders understood the concept of privacy and the need to protect private thoughts and beliefs.
The Second Amendment has long been construed to mean that individuals have a right to bear arms.
(Even though the Amendment doesnt say that at all.)
So, this is also a privacy issue.
The Third Amendment is specific to the time of the Constitutions enactment which came on the heels of British occupation of the colonies.
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
This Amendment clearly intends that a persons home is a private dwelling that cant just be invaded by an invading army.
The Fourth Amendment is by far the most revealing of the 10 in that it specifically says the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless theres a search warrant.
This right simply wouldnt apply if we didnt have a right to privacy; a right that cant be circumvented without the issuance of a court-ordered search warrant.
The Fifth Amendment says a lot, but it is most well-known for its protections against self-incrimination. But equally important, it also says we cant be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
This clearly means we enjoy private lives and possess private things that cant just be taken away without due process.
Private equals privacy, doesnt it?
Skipping ahead to the Ninth Amendment (six, seven and eight have to do with criminal and civil trials and the issuance of bail and imposition of punishment), we find that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In other words, just because every possible right isnt spelled out in the Constitution doesnt mean that right doesnt exist which is exactly contrary to the recent ruling by the Supreme Court in overturning Roe.
In its majority opinion, the conservative justices said the opposite; that if a right wasnt spelled out 234 years ago then it doesnt exist.
Yet the 1oth Amendment reinforces the Ninth in refuting that point: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
In short, the ultimate right of each of us to live as Americans resides within each of us as personal, private individuals.
It resides in those unalienable rights Jefferson wrote about in the Declaration of Independence we celebrated on Monday.
It means we inherently possess a right to be private individuals, with private, personal beliefs, a private right to self-determination and therefore an accompanying right to privacy.
Self-determination.
Thats a phrase some may not be familiar with, but Id argue youre very familiar with its usage in everyday life.
For example, how many times have you heard a parent, teacher and even politicians encourage young people to be all they can be?
Heck, it even became a recruitment pitch for the U.S. Army.
Likewise, how many women have told girls that theres no limit to their futures?
How many adults have insisted that a child could one day grow up to be president of the United States?
Each of those is an example of how our society routinely inspires our young to pursue careers of their choice, to follow their dreams.
In short, invoke the very idea of self-determination.
Yet, in overturning Roe, the Supreme Court has now placed a limit on that pursuit; that once a girl reaches child-bearing age, certain goals and dreams may no longer be an option.
That should a girl as young as 12 become pregnant, there are no choices anymore; self-determination has been corrupted into a state-ordered determination.
Its as if Platos Republic has come to pass, with each young girl and woman now slotted into a role dictated by government fiat.
Goodbye self-determination.
Yes, yes, Im no constitutional scholar, but I do have a working, rational brain and can read English and decipher common word usage.
So, whats the problem with the six majority members of the Supreme Court when it comes to privacy and a right to self-determination?
Oh, thats right, its not about language and law and the Constitution for them its about ideology and partisan politics.
No wonder the high court has such low ratings, and is skirting with becoming illegitimate and ignored.
Next: Minority rule how it went from a Founders compromise to todays abomination.
Craig Farrand is a former managing editor of The News-Herald Newspapers. He can be reached at cfarrandudm@yahoo.com.
View post:
Supreme Court is wrong privacy is in the Constitution - Southgate News Herald
- VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret - Trade Secrets Trends - February 13th, 2024 [February 13th, 2024]
- Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial - Detroit News - January 27th, 2024 [January 27th, 2024]
- Judge will not allow Michigan school shooter to testify in mother's trial if he invokes the Fifth Amendment - AppleValleyNewsNow.com - January 27th, 2024 [January 27th, 2024]
- Shamoon v. Resideo: Obviousness affirmed - Patently-O - August 12th, 2023 [August 12th, 2023]
- Billings County sued over eminent domain as bridge dispute rekindles - Bismarck Tribune - August 12th, 2023 [August 12th, 2023]
- 'Tyler' and a Call for Reform of the New Jersey Tax Foreclosure ... - Law.com - August 12th, 2023 [August 12th, 2023]
- "Like fatter Tony Soprano Attending the Arraignment and "Effect[ing ... - Emptywheel - August 12th, 2023 [August 12th, 2023]
- Call to faith-based leaders to help end violence; Parents need to pay ... - Capital Gazette - August 12th, 2023 [August 12th, 2023]
- "Stunning development": Experts say Trump target letter is surest ... - Salon - June 12th, 2023 [June 12th, 2023]
- LIV, PGA drop a bombshell on Washington - POLITICO - June 12th, 2023 [June 12th, 2023]
- Congressman Matt Gaetz Introduces Resolution to Hold Former ... - Congressman Matt Gaetz - June 12th, 2023 [June 12th, 2023]
- It's time to end home equity theft in Maine - Bangor Daily News - June 12th, 2023 [June 12th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 28th, 2023 [May 28th, 2023]
- Ninth Circuit Finds that Criminal Reentry Provision Not Driven by ... - Immigration Blog - May 28th, 2023 [May 28th, 2023]
- Ken Paxton Impeached on 20 Charges Including Bribery ... - The Texan - May 28th, 2023 [May 28th, 2023]
- Simply losing it: Bitter fight brews over federal judges forced retirement effort - Yahoo News - May 28th, 2023 [May 28th, 2023]
- Worth County Board of Supervisors Meeting (LIVE) - KIOW.com - May 28th, 2023 [May 28th, 2023]
- Trump Organization finishes last in brand reputation survey for second straight year - The Hill - May 28th, 2023 [May 28th, 2023]
- They held down a Black teen who tried to shoplift. He died from ... - Wisconsin Examiner - May 28th, 2023 [May 28th, 2023]
- What is the Fifth Amendment, and how has it been used? : NPR - March 31st, 2023 [March 31st, 2023]
- Tmc the Metals Company Inc. Enters into Fifth Amendment to Pilot Mining Test Agreement and Third Amendment to Strategic Alliance Agreement, Which Is... - February 20th, 2023 [February 20th, 2023]
- Interpretation: The Fifth Amendment Due Process Clause | Constitution ... - January 31st, 2023 [January 31st, 2023]
- Fifth Amendment invoked to the point of 'unintentional hilarity' by Jan ... - December 26th, 2022 [December 26th, 2022]
- Why Did Trump Plead The Fifth Amendment?What We Do Know ... - Newsweek - October 25th, 2022 [October 25th, 2022]
- Understanding the Fifth Amendment Right to Remain Silent - October 19th, 2022 [October 19th, 2022]
- US Government for Kids: Fifth Amendment - Ducksters - October 19th, 2022 [October 19th, 2022]
- Donald Trump loves to plead the Fifth. It won't save him this time. - MSNBC - October 19th, 2022 [October 19th, 2022]
- Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask - Lawfare - October 19th, 2022 [October 19th, 2022]
- Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped - INFORUM - October 19th, 2022 [October 19th, 2022]
- Nicki Clyne: What Happened to NXIVM Member and Where Is She Now? - Newsweek - October 19th, 2022 [October 19th, 2022]
- New York AG Asks Judge to Prevent Trumps From Hiding Assets Mother Jones - Mother Jones - October 15th, 2022 [October 15th, 2022]
- Trump Will Finally Have to Face Questions About Alleged Rape, Judge Rules - VICE - October 15th, 2022 [October 15th, 2022]
- 'In the Heat of the Night' star Lee Grant on working with Sidney Poitier and being blacklisted by Hollywood - Yahoo Entertainment - October 15th, 2022 [October 15th, 2022]
- THE OTHER SIDE: Orange Jesus took the Fifth - theberkshireedge.com - October 6th, 2022 [October 6th, 2022]
- BNP Paribas : 5th amendment to the 2021 Universal Registration Document - Marketscreener.com - September 29th, 2022 [September 29th, 2022]
- Tlingit tribal member shares his story of helping the Yakamas get Mount Adams back - Yakima Herald-Republic - September 29th, 2022 [September 29th, 2022]
- Trump Pleading the Fifth Might Have Doomed Him in Civil Case - Newsweek - September 27th, 2022 [September 27th, 2022]
- Why is Kevin McCarthy Promising to Remove Parents from the Terrorist Watch List? - Daily Kos - September 27th, 2022 [September 27th, 2022]
- Alex Jones said he may have to plead the Fifth as he's set to testify - Insider - September 27th, 2022 [September 27th, 2022]
- USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction - GARD - September 9th, 2022 [September 9th, 2022]
- Trump investigation tracker: Keeping up with Trump's many legal issues - Grid - September 9th, 2022 [September 9th, 2022]
- Bo Dukes's conviction to stand following motion for new trial - Douglas Now - September 9th, 2022 [September 9th, 2022]
- VAIL RESORTS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - September 9th, 2022 [September 9th, 2022]
- It's brother vs. brother at trial over NYC slaying of mobbed-up dad, 'Sally Daz' Zottola - New York Post - September 9th, 2022 [September 9th, 2022]
- Letters: Boater offers different perspective on the Playpen - Chicago Tribune - September 9th, 2022 [September 9th, 2022]
- Michael Flynn: From Government Insider to Holy Warrior - PBS - September 9th, 2022 [September 9th, 2022]
- Hamel found guilty of Athol murder, sentenced to life in prison - The Recorder - September 9th, 2022 [September 9th, 2022]
- Biden Slowly Winning LBJ- and FDR-Like Praise As Legislative Victories Mount - Seattle Medium - September 9th, 2022 [September 9th, 2022]
- Vice Principals, the Fifth Amendment, and Negative Inferences - JD Supra - August 30th, 2022 [August 30th, 2022]
- PERMA FIX ENVIRONMENTAL SERVICES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an... - August 30th, 2022 [August 30th, 2022]
- Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM - August 29th, 2022 [August 29th, 2022]
- Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com - August 29th, 2022 [August 29th, 2022]
- How much money could Donald Trump have to pay in fines if his businesses are penalized? - AS USA - August 29th, 2022 [August 29th, 2022]
- A high stake debate and tension at the GOP convention: Your guide to Michigan politics - MLive.com - August 29th, 2022 [August 29th, 2022]
- We Can Be Framers Too - The Atlantic - August 29th, 2022 [August 29th, 2022]
- For 38 Years of American History, There Has Been No Vice President - History News Network - August 8th, 2022 [August 8th, 2022]
- Emmett Till is gone. The quest for justice lives on. - New York Daily News - August 8th, 2022 [August 8th, 2022]
- 'A bold-faced LIE': St. Louis mayor blasts Black police officer groups criticism of oversight bill - KSDK.com - August 8th, 2022 [August 8th, 2022]
- He has done more to further the cause of hate in the US than almost anyone: the rise and fall of Alex Jones - The Guardian - August 8th, 2022 [August 8th, 2022]
- Even the District Attorney Believed Joaquin Ciria Was Innocent. Why Did It Take So Long to Set Him Free? - POLITICO - August 8th, 2022 [August 8th, 2022]
- Understanding the Constitution: Why It Doesn't Protect the Unborn - The Epoch Times - August 6th, 2022 [August 6th, 2022]
- Former fugitive charged with rape in Deerfield case demands new lawyer - The Recorder - August 6th, 2022 [August 6th, 2022]
- Sources: Donald Trump Jr., Ivanka Testify Before NY AG's Office in Finance Probe, Neither Pleads the 5th - NBC New York - August 6th, 2022 [August 6th, 2022]
- Time running out to try Catherine Hoggle for the disappearance, suspected murder of her 2 kids - WUSA9.com - August 6th, 2022 [August 6th, 2022]
- Trump faces uphill fight on executive privilege in DOJ probe - POLITICO - August 6th, 2022 [August 6th, 2022]
- Charles Milliken: Defining what exactly is a 'right' - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- How grand juries work and why Jan. 6 prosecutors are relying on them - Salon - July 31st, 2022 [July 31st, 2022]
- Roe, Dobbs and women's rights New York Daily News - New York Daily News - July 31st, 2022 [July 31st, 2022]
- Partisan congressional hearings are a threat to all citizens - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- 9 years after a UIW police officer shot student Cameron Redus, the case is going to trial - San Antonio Express-News - July 31st, 2022 [July 31st, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - Michigan Radio - July 31st, 2022 [July 31st, 2022]
- Washington County woman held in death of 5-year-old son - Herald-Mail Media - July 31st, 2022 [July 31st, 2022]
- What Did the Dissenting Justices Think About the Power of Military Authorities & More - The Soldiers Project - July 31st, 2022 [July 31st, 2022]
- Whipping the votes in Suffolk - Newsday - July 31st, 2022 [July 31st, 2022]
- If Trump Takes the Fifth, Is He Guilty? - Law & Crime - July 29th, 2022 [July 29th, 2022]
- Anambra House of Assembly Passes 5th Amendment Bills - TVC News - July 29th, 2022 [July 29th, 2022]
- How do grand juries work? Their major role in criminal justice, and why prosecutors are using them to investigate efforts to overturn the 2020... - July 29th, 2022 [July 29th, 2022]
- We need to hear the unbiased story - Villages-News - July 29th, 2022 [July 29th, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - WKAR - July 29th, 2022 [July 29th, 2022]
- LOVERRO: The weight on Rivera's shoulders is inevitably about much more than football - Washington Times - July 29th, 2022 [July 29th, 2022]