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16 March, 09:48

What idea was the decision in Griswold v. Connecticut based upon? If the Constitution forbids self-incrimination, husbands and wives should not be forced to testify against each other. The Constitution cannot possibly include all rights, so judges can create new ones based on what the founders must have been thinking. If the Constitution forbids unreasonable searches, there must be a reasonable right to privacy. The Constitution does not meet everyone's needs, so citizens can disregard laws when they think the government is violating their rights.

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  1. 16 March, 10:04
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    The decision in Griswold v. Connecticut was based in the idea that, if the Constitution forbids unreasonable searches, there must be a reasonable right to privacy.

    Explanation:

    Griswold v. Connecticut is a ruling by the Supreme Court that affirmed the constitutionality of the right to privacy. The subject of the case was a revision of Connecticut law prohibiting the sale of contraceptives.

    The court almost unanimously acknowledged that the right to privacy is contained in the Constitution. However, since the guarantees of this right are not given in plain text, the judges disagreed as to which article of the Constitution should be guided in making the decision. In a convergent opinion, Arthur Goldberg based his decision on the basis of the Ninth Amendment. John Marshall Harlan and Byron White considered that the right to privacy was ensured by the right to a fair trial of the Fourteenth Amendment.

    The precedent established by this case was repeatedly used by the Supreme Court. The most important decision, referring to Griswold v. Connecticut, was Roe v. Wade.
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