Explain the concepts of explicit (enumerated) rights and implied rights.
There is a man who was convicted for polygamy in Utah (that is, for having more than one wife at the same time). He is appealing his conviction to the US Supreme Court arguing that he has a marital privacy right implied by the 9th Amendment to the U.S. constitution and that is being violated by the law that bans polygamy. If this case goes to the Supreme Court, and given the Supreme Court’s positions on contraception, abortion, and sodomy, how do you think the Court would rule and how should the court rule?
In his favor? or against him? (and why or why not?)
Explain the concepts of explicit (enumerated) rights and implied rights. Further explain how that relates to the 9th Amendment and marital rights to privacy. What would be the implications if the Supreme Court were to include polygamy as protected by (implied) marital rights that the court has found to exist in the 9th Amendment? Has the court painted itself into a corner by upholding sodomy and same sex marriage? That is, how can the court not uphold polygamy rights given its decisions in recent cases involving sodomy and same sex marriage? Can you explain how the court can do that and not be hypocritical?