Friday, November 04, 2005

Right to Privacy

This is what I'm talking about.

Don't torture the Constitution to make it confess to a "right to privacy" that's not there. Don't make abortion legally protected based on Thad Stevens' Reconstruction amendments. Most Americans want a right to privacy; most accept some form of legalized abortion. Make it explicit: pass an amendment.

Problematically, a right to privacy is not explicitly mentioned anywhere in the U.S. Constitution. The majority argued that the right was among the “unenumerated” rights implied by something called the “penumbrus,” which sounds like something that a sodomy law would prevent you from touching with your tongue.

... I find myself wondering why we don’t just put it in there? If the Republicans can propose a constitutional amendment banning gay marriage, can’t the Dems propose a “Right to Privacy” amendment? Since the RTP is popular (unlike the anti-gay marriage amendment), the Dems should put it out there and let the Republicans run around the country explainging why they're against a right to privacy—not a winning position. Then, once it passes, we’ll be spared the debate over whether or not the RTP is in there every time a conservative is nominated to the Supreme Court.

The Right to Privacy Amendment—c’mon, Harry Reid, Barbara Boxer, Ted Kennedy, Patty Murray, Barak Obama! Propose it!

Hint: You'd get a lot of independent and moderate Republican support.

[Hat tip: Sully]