Right to Privacy Amendment

Patrick Wiseman pwiseman at gsu.edu
Fri Nov 18 21:00:50 PST 2005


On Fri, 18 Nov 2005 at 11:43pm, J. Noble wrote:

:Hmm. Does the second sentence strip the judiciary of the power to
:paint by penumbras?
:
:At 11:28 PM -0500 11/18/05, Michael Froomkin - U.Miami School of Law wrote:
:>"The right of privacy shall be preserved.  The Congress shall have
:>power to enforce, by appropriate legislation, the provisions of this
:>section."

That Congress has the power to enforce surely does not strip the
judiciary of the power to interpret.  Witness the Court's XIV sec.5
jurisprudence, to the effect that "WE interpret, you _merely_ enforce."

Patrick
-- 
Patrick Wiseman
Professor of Law
GSU College of Law


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