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Category: Coursework

Subcategory: Criminal law

Level: College

Pages: 1

Words: 275

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Prompt 5
Unenumerated rights refer to rights which are not highlighted in the constitution but rather inferred from the history, cases that interpret it, language and the format of the constitution. The rights consist of specific basic rights which are acknowledged by the American Supreme Court as per the constitution. The state courts also recognize the rights that develop from the laws affiliated to their state constitutions (Conkle 69). Due to their nature of development, or rather the manner in which they are developed, there lacks a standard list illustrating the rights. Nonetheless, for the rights to be used as law, they must be identified by the Supreme Court. Example of four unenumerated rights includes the right to have an abortion, the entitlement to one’s dignity, the right to individual privacy and the right to have a lawyer or a public representative when facing criminal charges (Conkle 69).
The argument that supports the use of unenumerated rights is that they allow the consideration of certain aspects when a law is interpreted. A good example is the First Amendment that highlights the need for freedom of speech whereby the amendment does not indicate the type of speech that requires protection. However, through interpretation, the American Supreme Court considers both forms of non-verbal and verbal forms of expression including the conduct associated with communication as per the Free Speech Clause (Conkle 69…

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