Ambiguous Constitutional Language
The First, Third, Fourth, and Fifth Amendments imply the right to privacy through the freedom of religion and the protections against mandatory housing of soldiers, unlawful searches and seizures, and self-incrimination. However, nowhere in the Constitution does the word “privacy” exist. Since the language of the Constitution related to the privacy rights and other rights—such as the right to bear arms—often is ambiguous, it leads to one of the most fundamental tenets of democracy: discourse. This ambiguity leaves room for interpretation and according to some legal scholars gives way to the belief that the Constitution is a living document that reshapes itself to suit the changing times. While Supreme Court Justices have the power to decipher and give meaning to the ambiguous language, the implications on policy can be both positive and negative.
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