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The only basis
by degsme

First, please read what I wrote - I was referring to an interesting article that I think was from Balkanization.

The gotcha with Originalism is that neurobiology and brain research tells us that you simply cannot put yourself into the mindset of the "founding fathers" (assuming that Madison had the same understanding of the text as Hamilton or Jefferson or Adams - something history tells us is not true), much less that mindset, modified by the mindsets of the succesive amendors.

Now each Originalist, brings their perception (colored by belief and contemporary understanding) to evaluating whether or not a precedent is consistent with or antithetical to "Original interpretation". But that in essence means that precedent, per se carries no inherent weight. But since every "originalist" interpretation is actually an aggretation that includes belief and contemporary understanding, everything his up for grabs all the time.

And the principle of privacy is more than "implied". Since violation of privacy isn't a power ceded to The Government anywhere by the US Constitution, and Ams 9 and 10 reserve all other rights and powers to individuals, then yeah, privacy is pretty explicitly included in the US Constitution.

That is unless you can show me the Text of the US Constitution that cedes to The Government the power to regulate the reproductive organs of fecund women.

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