Right to Privacy Amendment

[Malla Pollack]

"preserve" means as per the VII's amendment keeping at the status quo as of
the date of ratification.

Malla Pollack
Professor, American Justice School of Law
Visiting Univ. of Idaho, College of Law
mpollack at uidaho.edu
208-885-2017
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Patrick Wiseman
Sent: Friday, November 18, 2005 9:01 PM
To: ConLawProf
Subject: Re: Right to Privacy Amendment

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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