The dissenting side failed to recognize the notion of living constitutionalism. The Constitution was left vague for the purpose that it could be interpreted in different ways and change with circumstances. Although the exact words regarding marital privacy are not stated in the document, interpretation is important in deciding how the Constitution should govern the people. For example, the penumbras and the ninth amendment protects the privacy in ways not mentioned specifically in earlier amendments: “certain rights, shall not be construed to deny”. In the intimacy of marriage, privacy was assumed to be a civil right. The Constitution should not be followed through strict constructionism, as this leaves little room to apply the law to modern circumstances. Therefore, the dissenting judges were not considering how the Constitution’s meaning has changed with
The dissenting side failed to recognize the notion of living constitutionalism. The Constitution was left vague for the purpose that it could be interpreted in different ways and change with circumstances. Although the exact words regarding marital privacy are not stated in the document, interpretation is important in deciding how the Constitution should govern the people. For example, the penumbras and the ninth amendment protects the privacy in ways not mentioned specifically in earlier amendments: “certain rights, shall not be construed to deny”. In the intimacy of marriage, privacy was assumed to be a civil right. The Constitution should not be followed through strict constructionism, as this leaves little room to apply the law to modern circumstances. Therefore, the dissenting judges were not considering how the Constitution’s meaning has changed with