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I agree we need a formal right to privacy in the form of a constitutional amendment rather than expecting justices on the Supreme Court to discover one in the 'penumbra' of other amendments; rulemaking should not take place in the shaodws.

A problem is that the Constitution has become the secular equivalent of a religious document as a result of the US culture wars, and is now referenced in dogmatic rather than pragmatic fashion. As a result, any politician that goes on the record in favor of a constitutional overhaul is denounced as a tools of shadowy political interests; thus the political fringe have become rabid defenders of the constitutional status quo by piling on to frustrate any efforts at reform.



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