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View Diary: Roe v. Wade is Thirty-Four (112 comments)

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  •  Belated Reply: We have Right to Privacy (0+ / 0-)

    The constitution confirms, rights not specified, are retained by the people and or the state.  So the Federal government can't take a right not specified in the constitution. The question is can a state - and what did the founders think.

    Well, a right to privacy existed in English common law before the constitution.  We adopted English Common law, it's in the constitution.  Privacy is an ancient right held in the law of torts. One cannot disturb you peace.  It belongs to you.

    Privacy right existed in Tort Law before the constitution was written.  Tort Law existed in Common Law before the Constitution. The constitution expressely adopts common law.

    There you have it, there's your privacy right.

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