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Politics : Politics for Pros- moderated
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To: Lane3 who wrote (84853)11/8/2004 1:44:23 PM
From: Neocon  Read Replies (1) of 793818
 
Yes, it is fair to characterize the issue in the fourth amendment as a privacy issue. On that basis I concede some constitutional right to privacy, not speculative penumbras, but by looking at the text. No, the right to privacy is not a "trump right" requiring strict scrutiny before it can be tampered with, unlike, for example, the right to free speech, which must show compelling state interest to be litigated. Just as the right to property cannot be invoked against legitimate government functions, like taxation or zoning, the right to privacy cannot be considered "sacred", but might be modified by simple statute.
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