Comment: Absolutely -- It's The Matter Of Principle

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Absolutely -- It's The Matter Of Principle

Yes. This superb analysis illustrates why the concept of Substantive Due Process acknowledged in Lochner may be found within the contours of the express provisions of the Bill of Rights. As Justice Douglas stated in Griswold v. Conn. the specific guarantees of the Bill of Rights have penumbras "formed by emanations from those guarantees that help give them life and sub-stance,". The right to privacy exists within this area, and/or, as Goldberg admitted in a concurring opinion in the same case, may be found in the context of the 9th.

samadamscw's excellent analysis ( and MichaelMcC's insightful comments above ) illustrate that the intended protections of the Bill of Rights are neither to be strictly constructed to the limits of narrow words, nor need they be anchorlessly adrift only discoverable or buried among newfangled 'living' policy initiatives.

The Substantive Due Process guarantees of the Constitution are understandable, though often implied, as original intent within the four corners of the text and history of the particular rights cataloged, ... including but not limited to.