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Originally Posted by zukiphile
The problem with seeing this decision as am imposition on the 5th Am. is that, as Spats notes, the 5th doesn't describe a right to remain silent. Of course, we have a sense that it does from thousands of cop shows, but that isn't in the COTUS itself.
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COTUS doesn't convey a right to an abortion, either. That "right" came from a SCOTUS decision, just as the right to remain silent came from a SCOTUS decision, in
Miranda.
Now we're fleshing out the boundaries of the "right", as is done with all rights over time, and that's part of the process.