Here we are, decades after Griswold, and social conservatives and liberals are constantly arguing about whether or not the right to privacy, which is a popular right (naturally enough), and one to which most Americans believe they’re entitled, is actually a right to which Americans are entitled, constitutionally-speaking. Liberals love it because the RTP underpins our constitutional right to have access to birth control, abortion services, gay sex, porn. Social conservatives hate it for that very reason…
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!
While such an amendment would certainly end the debate, I am willing to bet the reason people like Harry Reid and company have not proposed it is because in their view, it already exists- why should they offer an amendment that is unnecessary. Add to that the peril that should the amendment fail, they would have tacitly stated that there is no right to privacy in the Constitution by offering the amendment, ceding the argument to those who argue their is no right to privacy.
Interesting idea, at any rate.