What is a penumbra?

A) a right that is not protected by the Constitution
B) the implied protection of a right under a more broad constitutional protection
C) a right that is specifically protected by the Constitution in very clear terms
D) none of the above

Respuesta :

B

Explanation:

  • Penumbra metaphor was being used for the first time as we know in 1871.
  • The most famous use of penumbra is in the Griswold decision.
  • Griswold vs. Connecticut was the case that was brought on June 7, 1965. This case was significant because the Supreme Court ruled that married persons were entitled to use contraception. It has essentially paved the way for reproductive privacy and the freedoms that are in place today. Prior to this case, birth control was either restricted or prohibited.
  • This Supreme Court ruling overturned a Connecticut law that banned contraceptive counseling as well as contraceptive use. The judgment recognizes that the Constitution does not explicitly protect the general right to privacy; however, the Bill of Rights created penumbra, or privacy zones, that the government could not interfere with.

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Answer:

B) the implied protection of a right under a more broad constitutional protection

Explanation:

Penumbra refers to rights that are understood after certain principles are identified from other rights that are explicitly expressed in the Constitution or in a rule. According to this, the answer is that penumbra is the implied protection of a right under a more broad constitutional protection.

The other options are not right because a penumbra is protected in the Constitution but it is not clearly indicated.