[quote=FlyerInHi]According to Scalia, any liberty not specifically defined in the constitution is not protected.

His attitude is: so what? If you don’t like it, amend the constitution, but don’t ask the court to broaden the constitution. Original intent and textualism.

The founding fathers clearly didn’t know anything about computers. So it follows that digital privacy is not protected. Businesses and government can do whatever they want.[/quote]

I agreed with you up to the last sentence. The point is that if the people want there to be a right that is not in the Constitution, they should vote on it. It is not appropriate for 9 highly educated elite individuals to create Constitutional rights that do not already exist. The Constitution can be changed and supplemented – according to very specific rules.

It cuts both ways Brian. What if we ended up with a Supreme Court full of arch conservatives who started finding all kinds of rights that you didn’t agree with in the “penumbra” of rights set forth in the Constitution? We have to make rules that prevent undue power regardless of who’s in charge.