Quote:
Originally posted by andViolins
Didn't Brandeis "find it" in his dissent in Olmstead v. U.S.?
aV
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I believe this is the first time the right to privacy is given constitutional overtones. In the Brandeis article, it almost sounds like the right to privacy helps to balance other rights, like the right to free speech.
But the first time the court finds a power or right to be implied rather than explicit in the constitution is McCullough v. Maryland; in this case, the early federalist-dominated court rejected strict constructionism as an interpretative method the first time the court had the opportunity to consider it, early in the life of the Republic.
