He also argued,"I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous.
.
Since the right to privacy is not mentioned in the Constitution, Douglas needed to find another basis for it. I cannot agree that the Constitution grants such power either to the States or to the Federal Government.The logic of the dissents would sanction federal or state legislation that seems to me even more plainly unconstitutional than the statute before us. ","Any person who assists, abets, counsels, causes, hires or commands another to commit any offense may be prosecuted and punished as if he were the principal offender. CitationGriswold v. Connecticut, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. I agree with the Court that petitioners' convictions must therefore be reversed.My Brother STEWART dissents on the ground that he,"can find no . And it concerns a law which, in forbidding the use of contraceptives, rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. He simply wants his property left alone. He also states, without proof satisfactory to me, that, in making decisions on this basis, judges will not consider "their personal and private notions." Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a,"governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms. Perhaps the theory is that the flat ban on use prevents married people from possessing contraceptives and, without the ready availability of such devices for use in the marital relationship, there will be no or less temptation to use them in extramarital ones. And a person can be just as much, if not more, irritated, annoyed and injured by an unceremonious public arrest by a policeman as he is by a seizure in the privacy of his office or home.One of the most effective ways of diluting or expanding a constitutionally guaranteed right is to substitute for the crucial word or words of a constitutional guarantee another word or words, more or less flexible and more or less restricted in meaning. ".The Court has also said that, in view of the Fourteenth Amendment's major purpose of eliminating state-enforced racial discrimination, this Court will scrutinize carefully any law embodying a racial classification to make sure that it does not deny equal protection of the laws.None of the other cases decided in the past 25 years which Brothers WHITE and GOLDBERG cite can justly be read as holding that judges have power to use a natural law due process formula to strike down all state laws which they think are unwise, dangerous, or irrational. as to be ranked as fundamental. . I find nothing in this record justifying the sweeping scope of this statute, with its telling effect on the freedoms of married persons, and therefore conclude that it deprives such persons of liberty without due process of law. If all the appellants had done was to advise people that they thought the use of contraceptives was desirable, or even to counsel their use, the appellants would, of course, have a substantial First Amendment claim. JUSTICE HARLAN, concurring in the judgment.I fully agree with the judgment of reversal, but find myself unable to join the Court's opinion. to marry, establish a home and bring up children.
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