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Acknowledging that the Constitution does not mention a right of privacy, Blackmun cited 14 cases in which the Court had recognized that "certain areas or zones of privacy" did exist under the Constitution. These had their foundation in various amendments (1st, 4th, 5th, 9th, and 14th).

Blackmun then stated his own view that the right of privacy was founded in the 14th amendment and that it was "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." The basis was that by denying her such a right the state would impose "detriment" and "harm."

The right was said to be "fundamental" but not "absolute." It could be limited but only by a "compelling" state interest.

What does it mean to find a right 'in' the Constitution? For example, it might mean any of the following, or perhaps something else:

Find the right explicitly stated in the Constitution Find the right in the unwritten intentions of the authors of the Constitution or the understandings of the ratifiers. (Exactly whose intentions or understandings matter? What happens when there are conflicting intentions or understandings? What if a specific clause in the constitution embodies a compromise and fails to reflect the intentions or understandings of any particular person or group?) Find the right in one or more cases decided by the courts or in the implications or extension of such cases Find the right in a set of principles and values that can logically underlie the specifics given in the Constitution. (Can you specify such a set of principles? What if there is more than one such set?)

Which of these might apply to Roe and the right of privacy? Can you construct arguments for or against a constitutional right of privacy based on any of these?

It may be useful to note that in most of the controversial questions of constitutional interpretation, arguments depend upon an initial choice of interpretative principles. The American Civil Liberties Union, the Federalist Society, and Focus on the Family all begin with different interpretative principles. How ought one to choose such principles?