Precisely the problem when decisions are based upon "emanations" which do not other wise exists in the law, invariably it will only serve the purpose that the person (or group) making the discovery wishes it to.
Fully applied, this discovered emanation should be able to strike down all laws prohibiting prostitution and illicit drug consumption (for example), both of which would be damaging to our society and Republic and would never have been the intent of the Founding Fathers.
If they want to make new law, they should have the courage of their convictions to plainly state that fact instead of attempting to bury it in nonsense about "emanations!"
That is correct, properly applied. And, again you are revealing your old, formerlib, type thinking.
Consumption of prostitution services and ingestible chemicals is no different than consumption of any other services or products.
Free people, I repeat, free people, make the decisions to consume or not to consume for themselves. It is a person's own morality, frugality, or self-control and moderation that is to deter or prevent consumption of services or products that may be destructive to their life or lifestyle.
I, for example, do not and will not consume gambling services, even though it is legal. I have never consumed prostitution services up to this point in my life, while illegal, and I would not consume prostitution services even if it was legal. Again, that is what free people do. Free people make their own decisions for themselves.
Prostitution existed and quite frankly quite a bit of chemical consumption existed, and both were legal, when the republic was founded.
Cocaine and heroine were only made unconstituionally illegal in the 20th century.
Remember, it took a constitutional amemdment to ban the consumption of alcohol. Why? Because the 9th amendment guaranteed the right for free people to consume the chemical of their choice.
Rights cannot be usurped, denied, or disparaged by laws. Rights can only be altered, diminished, or denied by constitutional amendments.