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Originally Posted by Danzig
i think you get 5/4 decisions because some think the constitution is a 'living, breathing' document, while others do not.
you have rulings such as roe v wade, where the justices who voted to allow abortion thought that said right was contained in the right to privacy-certainly abortion rights are not specifically named in the constitution.
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neither is the right to privacy.
it did mention that slaves should be counted as 3/5 of a white man when doing a census to apportion representation in congress.
so we had that spelled out for us.
roe v wade was 7-2, btw.