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Note From Melissa: Authoritarianism and Democratic Deliberation

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Connecticut Ban - The Right to Privacy

In announcing a right to privacy, the griswold court was articulating a particular roll for the courts to stand as a bulwark defending individual rights against undue state encroachment. In responding to those who believed it had improperly waded into politics to resolve a vexed issue, the majority did not mince words. It was not sitting as a super legislature determining the wisdom, need and propriety of the connecticut ban. Judicial intervention was necessary and appropriate because the law in question was not ordinary social or economic legislation, but an act of the state that went too far. Put differently, the law intruded into an area of private life where the constitution prevented the state from legislating

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