@rugbygirl - I disagree. You state that the right to privacy exists in the Constitution, despite the fact that it was not clearly enumerated.
If that is the case, do you think that’s because the Framers did not understand privacy, or that privacy did not exist in those days? It’s not enumerated because it’s self-evident.
What’s not self-evident is the right to an abortion, which has been invoked under the right to privacy. Some people argue that abortion violates the right to life, which is enumerated in the Constitution.
That’s what has made “privacy” the buzz word among those who oppose strict constructionalism.
Privacy has become a catch-all concept to include not only rights not enumerated in the Constitution, but rights that violate the spirit of the Constitution itself.
That is the issue in my opinion. It’s the spirit of the law, not the letter.