From: David Buchanan (DBuchanan@ClassicalRadio.org)
Date: Sun Jul 06 2003 - 23:37:49 BST
One more for me too, gents.
Platt said:
> You might want to point out where Pirsig said that a right to privacy is
> an intellectual value. If you can't, you're attributing a position to him
> that isn't there, just as the Court found a right to sodomy in the
> Constitution that isn't there.
Rick replied:
As I've pointed out to you several times now, the Constitution does
explicitly say that it is not an exhaustive list of rights, so I can't
imagine why you still think it's persuasive to keep pointing out that the
Constitution doesn't contain an explicit right to privacy. The 9th amendment
+ 10th amendment = unenumerated rights that belong to the people as
individuals. Nobody (no matter how conservative) disputes this!!! The
debated question is whether privacy is one of those unenumerated rights. Do
you actually have any arguments that SUPPORT your view that it isn't? Texas
didn't... Should they have hired you as their lawyer instead? How would you
have convinced the Court that the framers didn't intend privacy to be
covered by the 9th amendment? As a great man once wrote, "Show some
evidence, please, not just your personal bias."
dmb adds:
Correct me if I'm wrong here, Rick, but I think the right to privacy has
been well established in the law. I mean, there is no real dispute that we
all enjoy the right to privacy, its just a matter of extents and degrees.
Not only is it a pretty slam dunk winner as one of the "unenumerated
rights", but the issue has come before the courts and a history of law on
the matter is now well established. (I believe it was the writings of J.S.
Mill in the mid-19th century were some of the first, best articlulations on
the topic.) I can only wonder when the issue first went before the courts
directly, but I wouldn't be surprized if it were more than cnetury ago.
Ironic that the one worried about jack-booted thugs and big brotherism is
the first to line up in support of armed cops in private bedrooms. It makes
me blush. It really does.
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