1. What does it mean to say that a given right falls within the penumbra of a specific constitutional protection?

Question

History

Braylon Davenport

9 August, 05:45

1. What does it mean to say that a given right falls within the penumbra of a specific constitutional protection?

+3

Answers (1)

Know the Answer?

Kristian · Answer 1

It means that though the right to privacy is not clearly or openly written in the Constitution, it is implied by other items in the Constitution.

Explanation:

In the Constitution of the U. S. penumbra is referred to as the implied rights that have not been written or mentioned. In law, the term penumbra is used to refer to implied powers that are given to citizens by extending the meaning of the rules.

One example of the penumbra in the constitution is the rights of privacy that are implied by extending the meaning in the First Amendment of the Constitution of the U. S.

So, the meaning of the statement that a given right falls within the penumbra of the constitution means that a particular right or power has been extended by implied meaning.