Thank you. I am aware of Ginsberg’s comments on the Roe decision. But I’ll cut right to the chase. After having read not a few books on Madison, Jefferson, the Constitution, the Bill of Rights, and Original Intent, I am firmly in the “Living Constitution” camp. To me, there is no greater evidence of the Framer’s design than the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

That amendment was written, proposed, debated and approved by the proponents of the federal Constitution. They perceived the Constitution as a framework for future generations to build upon, not a prison cell built to lock us in. The Framers were wise enough to know that they were not wise enough to know all. Would that we had that perspective today.

Furthermore, the right to privacy may be, technically, unenumerated, but the first clause of the Fourth Amendment is the most elegant definition of privacy I have ever read: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

Would that we had that security today.