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The Right To Privacy By Robert Bork.
Part 1 of Paper
....inalist" view proclaimed that Justice Douglas
erroneously interpreted the right of privacy from the Constitution. The
originalist view is that judges must strictly adhere to the language of the
Constitution, thus people do not have a general right to privacy because it was
never actually written into the Constitution. .... Part 2 of Paper
.... Douglas's liberal use of penumbras to
create a zone of privacy was an excessive use of judicial power. Bork feels a
judge must follow the Constitution and should not imply anything from the
various ideas in the Constitution. This poses problems when trying to deal with
cases that the Constitution does not specifically mention. For example, without
the ability to interpret some of the various amendments in the constitution it
would be virtually impossible for a judge to decide cases dealing with.... |
| Number of words: 875 - Approximate pages: 4 |
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