Is there a right to privacy in the U,S, Constitution?

Question

Is there a right to privacy in the U,S, Constitution? If there is, can you provide the specific location in the constitution?

Answer 1

Heres a paragraph I found on usconstitution.net that does a better job at describing it than I ever could.
"The Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. The right to privacy has come to the public's attention via several controversial Supreme Court rulings, including several dealing with contraception (the Griswold and Eisenstadt cases), interracial marriage (the Loving case), and abortion (the well-known Roe v Wade case). In addition, it is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit."

Answer 2

Amendments 3 4 and 5 address limiting government powers of arrest, confinement search and forced confessions.

The Rights listed in the Bill of Rights are not the only rights we have, and they are not given by the government and therefore cannot be TAKEN by the government, or any of its officers, at their whim.

This is acknowledged in the specific language, you will notice terms like Congress shall pass no law... and the term "shall not be abridged". Abridged means shortened or diminished.

This was forced on the framers of the constitution, at gunpoint, literally. The majority of the authors of the Constitution refused to put any mention of individual rights in the Articles. But the people promised another rebellion, similar to the one the army had just violently put down, if these were not addressed. The Army realized that they probably would not win yet another battle with the people they were supposed to protect, and the government gave in.

The Bill of Rights also specifically prohibits the Government from assuming any powers not granted in the Articles of the Constitution. The powers to spy on citizens is not granted, therefore the people have the right not to be spied upon.

Again let me stress, these rights are not privileges, they were NOT given by the Government as a reward for good behavior, nor can they be TAKEN FROM the people, as punishment for being naughty and not cooperating with government officers.

Answer 3

Nowhere in the constitution is the right to privacy specifically mentioned. Instead, in the case of Griswold v. Connecticut (about birth control), the Supreme Court found that the right to privacy existed in the "penumbras" (or shadings, the grey areas) between the other parts of the constitution. So is there a specific right to privacy in the Constitution? No. Is there one in this country until either a constitutional ammendment is passed banning it or the supreme court reverses their many decisions? Yes.

Answer 4

It is implied in the limitation placed on government preventing unreasonable searches. However, all our rights are not enumerated in the Constitution. The purpose of the constitution is to limit the power of government not to provide a laundry list of our rights. The Declaration of Independence clearly lays out who is the author of liberty when it says "endowed by our creator".

Our rights do not come from the constitution or any government on this planet. They are "endowed by our creator". The purpose of government is also clearly laid out in the Declaration of Independence, "to insure these rights governments are instituted amongst men". Anything inconsistent with that purpose so clearly stated in the Declaration is not a proper function of government, which includes meddling in our personal affairs.

Answer 5

i chanced in this on the web with regard to the right to privateness clause contained in the U. S. structure. 2 Justices, Hugo Black and Potter Stewart, filed dissents. Justice Black argued that the right to privateness is to be got here upon nowhere contained in the structure. to boot to, he criticized the interpretations of the 9th and Fourteenth Amendments to which his fellow Justices adhered. Justice Stewart famously called the Connecticut statute "an uncommonly stupid regulation", yet argued that it changed into although constitutional. when you consider that Griswold, the superb courtroom has observed the right to privateness in numerous rulings, maximum somewhat in Roe v. Wade, 410 U.S. 113 (1973). The superb courtroom ruled that a lady's decision to have an abortion changed into secure as a private decision between her and her time-honored practitioner. For the most section, the courtroom has made those later rulings on the inspiration of Justice Harlan's substantial due procedure intent. The Griswold line of circumstances continues to be arguable, and has drawn accusations of "judicial activism". The superb courtroom are pulling at straws to justify killing babies. If the mummy does not favor the toddler, let her supply the toddler up for adoption. numerous human beings favor babies that could want to't have them and can want to offer something to adop one. they don't ought to kill the babies nor have they were given to develop them.

Answer 6

There are rights to privacy in the law but not neccessarily in the constitution. This is why it is handy to promulgate the "terrorist" threat in order that the govenrnment can change or eliminate these rights.

Answer 7

"Article IV. Persons and Houses to be Secure from Unreasonable Searches and Seizures The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Article XIV. Citizenship Defined -- privileges of Citizens
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens or the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

----------------------------------------------------------------------------------

Notice that the key words are Citizens and under the jurisdiction of...that does not mean illegal aliens. But we Citizens are guaranteed our rights to privacy and all other rights under the Constitution.

Answer 8

Amendment 4 - Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 9

Not explicitly, but The courts have decided that it is certainly one of the rights protected in the 9th amendment.

Griswold v. Connecticut is where to look, it's a 1965 decsion that can be found Here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=381&invol=479

Backgrond Info Can be found here: http://www.dkosopedia.com/wiki/Griswold_v._Connecticut

Answer 10

It is an implied right interpreted by the Supreme Court from the explicit rights listed in the Constitution.

Other implied rights are the right to own a gun for hunting and the right to post what we think on answers.yahoo.com without fear of government persecution.