During the debate ,the candidates were asked essentially if they would pick judges who would rule in favor of the pro-choice litmus test( "would you insist nominees support abortion rights?" ). Some of them used the dodge that Roe was " settled law" and they would appoint judges who recognized "settled law " . Of course there was a time when Plessy v Ferguson was 'settled law 'also .

Others like Obama rambled on about the role of the court is to protect the vulnerable (he never saw the irony in that statement ).John Edwards threw in a non sequitur about judges needing a back bone to defy popular opinion .

The other popular response was about the right to privacy that is to some presumed in the Constitution. Joe Biden cited "Section 5 of the 14th Amendment and the liberty clause of the 14th Amendment provided a right to privacy" .I'm not sure what he was rambling about but I think he meant the due process clause of the 14th amendment.

My question ; is there anything that explicitly guarantees privacy in the Constitution or the various amendments ? And even if there was ; how could that possible trump the right to life as a constitutional guarantee?

RickJ

I don't think the question can be answered from that angle...that is, the angle of the Constitution. The Constitution recognizes a Creator (aka God) yet a loud fractional minority has successfully removed God or any reference to Him from so many public places, citing and blowing out of proportion the Non-Constitutional "Wall of separation".

Of course both Republicans and Democrats both dodge on the issue knowing that in that area all they can do is play to the dead center...that is...if they want to get elected.

...sorry to rant..

In answer to the actual question: There are very few Unconditional guarantees in the Constitution. Clearly both the words and the intent of the Constitution are not "in stone". They are both liquid...able to be interpreted as time and regime's go by...

End of rant

excon

Hello Rick:

The Declaration of Independence mentions a creator, but the Constitution doesn't mention God at all.

Unless I missed something...

excon

tomder55

The answer is that SCOTUS found the right to abortion and privacy for that matter in the "emanations from penumbras" of the Constitution. In other words they made up the right from a broad interpretation of cherry picked clauses from various amendments .

Not exactly that easy to read recipe book .

ETWolverine

Excon,

Please define "creator" and explain how it differs from "god".

Tom,

I have never seen anything that guarantees a right to privacy in the Constitution. The closest the Constitution comes is the prohibition of search an seizure without just cause. But that doesn't guarantee privacy, only that your stuff can't be taken by the government, and then only if they don't have a justifiable reason to do so.

Elliot

BABRAM

Concerning Biden that's what I referred to earlier when I mentioned that he seems almost angry when answering questions. The way he implied privacy as a constitutional right was a red herring on the real issue which is life, as opposed to selfish pleasures and skating on responsibilities. For myself, I would not permit abortions with exception being in the case of the mother's life in danger or rape (and even this has an alternative with so many readily available adoption agencies). Others would not permit abortion under any circumstances. This generation of pro-choice candidates are so smugly proud of the Roe vs Wade decision that they often willingly shun or provide little if any positive alternatives to protect innocent babies maturing in the womb of their mothers.


Bobby