[js1138]

The question is not whether the word privacy is included in the constitution, nor whether it is implied. The question is whether privacy is a natural right, and therefore included in Ammendment Nine.

[Blood of Tyrants]

Exactly. The Constitution says nothing about the right of consenting adults to marry, yet there is no doubt that the right exists.

However, the 4th Amendment guarantees "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," To me, this means that as long as what you are doing in your house is lawful, the government has no right to investigate or interfere. Any law created specifically or unintentionally to allow the government to get around the 4th would be unconstitutional.

[CobaltBlue]

>>The question is whether privacy is a natural right, and therefore included in Amendment Nine.<<

Which, we should recall, reads as follows:

>>The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.<<

The Federalists argued that enumerating certain rights would lead to some taking the position that the rights which were not enumerated were not protected. See, e.g., Madison in Federalist 84.

History proves that their fears were well-taken.

As much as I love Scalia, I think he's trying to twist the Constitution around in order to get rid of abortion.

If Congress passed a law requiring unmarried women to have abortions, and limiting married couples to two children, I bet he'd find a Constitutional right to privacy PDQ.