I am curious as to how these unenumerated rights changed over time-- this feels like a loophole in constitutional reasoning that is very vulnerable to politics.
Unenumerated rights have shifted over time (from economic freedoms to personal rights like marriage and privacy) because judges decide what’s “fundamental.” That flexibility is why they endure, but also why they’re vulnerable to politics.
I am curious as to how these unenumerated rights changed over time-- this feels like a loophole in constitutional reasoning that is very vulnerable to politics.
Unenumerated rights have shifted over time (from economic freedoms to personal rights like marriage and privacy) because judges decide what’s “fundamental.” That flexibility is why they endure, but also why they’re vulnerable to politics.
I dig into how those shifts happened in later posts like The Footnote That Refuses to Stay a Footnote, The Right That Opens the Door, and The Right to Be. https://www.profuddin.com/p/the-footnote-that-refuses-to-stay?r=2xk8n&utm_campaign=post&utm_medium=web&showWelcomeOnShare=false