C_Clayton_Jones
Diamond Member
Secure in papers from search and seizure is the definition of privacy. To pretend it's not there because they did not use the word privacy, thus arguing its constitutional to take away your privacy by unreasonably searching and seizing your papers is ludicrous.
Nothing in the Constitution, and especially nothing in the fourteen amendment provides for a definition of protection of marriage. The only thing that even comes close is the right to life and liberty, which one could argue includes marriage. But more particularly, the 14th is not the right TO life and liberty, the 14th is the right of the state to TAKE your life and liberty with due process. IOW the 14th is more the authoritarian right of the majority to limit, through due process, the rights of the people. For example the right to limit gays from getting married through tyranny of the majority if they say they used due process.
However privacy covers more than just searches of your papers, wouldn't you say? This is merely one part of privacy.
Who you choose to marry is your own matter and part of personal privacy.
A lot of what is considered privacy has come through interpretation through the courts, the same as the right to marry.
Also, you're missing the 9th amendment from this, which makes it clear not all rights are protected in writing with the actual words in the BoRs.
I think you are confusing personal decisions, such as private matters between you and your wife as privacy.
As to the 9th amendment... yeah the 9th and 10th amendments were made entirely moot by the amendments that came after the civil war.
Incorrect.
The fact is the 9th and 10th Amendments never meant what you and others on the right perceived them to mean:
From the beginning and for many years, the [10th A]mendment has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end.
United States v. Darby | LII / Legal Information Institute
In McCulloch v. Maryland (1819), the Court explained it was the original intent of the Framers that the Federal government, Federal laws, and the rulings of Federal courts be supreme.
What most conservatives fail to understand, or refuse to accept, is the fact that Americans are first and foremost citizens of the United States, and residents of a given state subordinate to that. The states may not interfere with the relationship between a citizen and his Federal government, or the Federal Constitution whose case law safeguards his civil liberties (US Term Limits v. Thornton (1995)).
The states, therefore, have never had the ‘right’ to deny citizens of the United States their civil liberties, including the right to vote, the right to move about the country freely, and the right to due process and equal protection of the law.
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