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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Ilaine who wrote (84836)	11/8/2004 12:47:24 PM
From: Lane3	Read Replies (1) \| Respond to of 793817

I simply don't find the right to privacy in there. I don't have any trouble finding it in a combination of the ninth amendment and the equal protection clause of the fourteenth with a waft of the fourth for good measure. Of course, I'm predisposed to find it because I value liberty most highly and because I very early bought into the idea that the specialness of our country is in large part our Constitution protecting us from our government and the tyranny of the majority.

To: Ilaine who wrote (84836)	11/8/2004 1:17:19 PM
From: Neocon	Read Replies (1) \| Respond to of 793817

Actually, I think the argument is simpler. There can be no constitutional prohibition against capital punishment on the grounds that it is "cruel and unusual" because the Constitution itself mandates the penalty for treason. Similar, the right to privacy cannot be raised too high, because it can be violated by simple warrant, in a criminal procedure. In other words, even if it exists, it does not demand the highest standard of scrutiny to be set aside.