The Volokh Conspiracy
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Today in Supreme Court History: June 7, 1965
6/7/1965: Griswold v. Connecticut is decided.
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It would be great to revive the Ninth Amendment, at this time.
Nobody doubts that there are "penumbras" and "emanations" that guarantee rights not specifically granted by the Constitution. It's just a matter of which penumbras and emanations are to be given force.
Two examples:
2A does not specifically grant a right to keep and bear arms. It's a penumbra/emanation.
8A does not specifically prohibit cruel and unusual punishment before conviction. Again, a penumbra/emanation.
"Two examples:
2A does not specifically grant a right to keep and bear arms. It’s a penumbra/emanation."
That's nonsense. The 2A isn't at all about "granting rights," which nothing in the constitution does regarding the people. It's specific about which unalienable right the government can't infringe. Penumbra/emanation doesn't apply here.