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If it is a right, then it should be constitutionally guaranteed as one. If the rights we have can be determined by what society considers to be one, then rights we have can be removed by the same whims. The general welfare clause, as noted in the federalist papers (which one escapes me at present, and while I realize they are not a binding document, they certainly note the intentions of the writers) was never intended as a blank check for the federal government.
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