Wednesday, October 15, 2008

Quote of The Day

"Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance."

-Justice Douglas - Griswold v. Connecticut

Imagine how expansive we could interpret the 2nd Amendment if it had penumbras that emanated to help give it life and substance.

Griswold established the "right to privacy." In Griswold specifically it was a right to "marital privacy" where the court invalidated a state law against the use of contraceptives. Griswold is an interesting case if you ever get the chance to read it, and if you do read Black's dissent. What you'll start to notice, especially with Black, is that his being a strict constructionist ends up creating logical inconsistencies that become apparent in his other opinions.

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