"Can I Get a Little Privacy?" Editorial for Privacy Amendment

...Problematically, however, a right to privacy is not explicitly mentioned in the Constitution. The majority in Griswold held that it was among the unenumerated rights implied by the Constitution's "penumbras" (which sound like something a sodomy law might keep you away from). The Griswold case didn't settle the matter, and the right to privacy quickly became the Tinkerbell of constitutional rights: clap your hands if you believe.

Liberals clap. We love the right to privacy because we believe adults should have access to birth control, abortion services and pornography as well as the right to engage in gay sex. Social conservatives hate the right to privacy for the very same reason, as they seek to regulate private behaviors from access to birth control to masturbation. (Think I'm kidding about masturbation? In Justice Antonin Scalia's dissent in Lawrence v. Texas, he wrote that the majority's decision called into question the legality of state laws against "masturbation, adultery, fornication.")...

...If the Republicans can propose a constitutional amendment banning gay marriage, why can't the Democrats propose a right to privacy amendment? Making this implicit right explicit would forever end the debate about whether there is a right to privacy. And the debate over the bill would force Republicans who opposed it to explain why they don't think Americans deserve a right to privacy - which would alienate not only moderates, but also those libertarian, small-government conservatives who survive only in isolated pockets on the Eastern Seaboard and the American West.

http://www.nytimes.com/2005/11/16/opinion/16savage.html

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I love this idea! I blogged about it today. You should too. Spread this around! It's a good idea. The Democrats shoud move on it. -JJ


Shameless plug: http://jaundicejames.blogspot.com/

As a matter of fact, while you're busy being as stupid as flag-waving Republicans who want to distract the populace from the things that matter, let's dig up that grand old chestnut, the flag-burning amendment.

Then, let's all hold hands and unearth the Equal Rights Amendment, another work of genius on the part of our legislators.

Narrow something to an Amendment, and watch the world explode.

Was this supposed to be funny? It's not. More trash from the NY Times, alas.

being called stupid for posting an editorial and my opinion. -JJ

to the author of the piece, not you.

Why would I respond to you when everything I wrote was about the piece you cited?

Jeez.

Yes, it was.

Welcome to DU.

See? -JJ

You're better than that, OLL.

And it's not that dumb an idea to propose an amendment. Political discourse must be focused around ideas, and a proposed amendment, even if it will not pass, can do that.

Dems badly need some positive dialogue points. This could be one. Americans of all stripes don't like impositions on privacy, and we're under attack by an overreaching and intrustive federal government.

I happen to live in New Haven and have worked for Planned Parenthood and your remarks are way off mark. Estelle Griswold is one of our local heroes, for your information. Should be one of your too.

What's so wrong with the idea of a constitutional amendment affirming privacy? I personally believe that most Americans believe they have a right to privacy against government intervention in that right, especially in their own bedrooms. You should get down on your knees and thank god for estelle griswold. The griswold decision has been evergreen in con law for years. And it has always been good for you, for me and for the American people.

As for a constitutional amendment, isn't it about time we had onewhen it comes to privacy? Dear god, look at the abuses, the twists by the right wing on our right to privacy. Const. amends. don't usually make it unless the majority of people in this country agree with it and that only happens when we have a fair representation of it and a fair legislative process that deals with it. That was sadly absent during the ERA fight in the 80s, as you probably know if you lived through it as I did.

While I'm at it, WHAT IS SO WRONG WITH THE EQUAL RIGHT AMENDMENT? That does, after all, concern HALF of the population of the United Sates.

Why not a privacy amendment? I think people would go for it.

Don't mess with the constitution?

Damn, I haven't finished my coffee yet, and I could think up at least a couple of unintended consequeces of a privacy ammendment - although the Op Ed doesn't go so far as give us some verbaige to chew on.

And, after weighing all the pros and cons of such a beast, I think a well crafted ammendment could really protect our free society overall and keep us on the path of equality and justice.

And of course, create some new problems in the process - isn't that always the case?

the ERA.

You'll see how badly a proposed amendment (one "m") can go and, ultimately, what a Pandora's Box it opens.

Bad laws make for more bad law.

We're talking about privacy.

We're talking about Griswold and Roe. And if we need an amendment to clarify these rights before the SC swings wide to the right.

Yeah, it's a Pandora's Box -- and I guess what is needed is a draft text to massage around and see what those unintended consequences are.

I would love to see some clarification (and reinstating) of the Bill of Rights in general.


And yeah, I never did get the spelling gene...but an ammendment might be just the thing for Ammurika.

I thought we were discussing an amendment to the Constitution.

My mistake.

My apologies.

though not on a constitutional amendment level.

Republicans don't believe in the right to privacy. Plain and simple. I've been telling people this since the Reagan administration- and no one seemed to get it- and the stupid Dems just let the issue lie.

It's such an obvious winner- and yet I still hear almost nothing about it. It's almost as if the Dems WANT to lose, when they pass up chances to paint the far right as the extremists they are.

:hi:

Did you know that if you advocate an explicit right to privacy 9 more times in the next three months you receive a free porno? :sarcasm:

Unfortunately, you'll never qualify for a toaster...