Do we really have a right to privacy?

Question

Is this guarenteed in the constitution? This question has been asked several times in slightly different formats and I just can't find where the constitution mentions this right.
I did see where the supreme court argued marital privacy, but this is not what is getting people panties in a bunch today.

Shaz this isn't a forum.

Answer 1

the fourth amendment is the closest that i've found that comes to right to privacy.

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.

i do believe this should qualify as the right to privacy but many courts including supreme court say this doesn't mean the right to privacy.

i believe if our founding fathers believed that it would ever come to this that the government could get into our private lives they would have wrote an amendment for those rights but its common sense they thought the government shouldn't be involved in our personal lives if they wrote an amendment for the rights to bear arms,so u have protection from the government

Answer 2

See the Constitution....doesn't say flat out..but then again doesn't say flat out "Freedom from torture and death by authorities"

Amendment #4, Amendment #9, Amendment #10, Amendment #14.

All those amendments state the government cannot intrude on your life, effects, etc without probable cause, warrrent and due process of law.....basically it gives you PRIVACY

Also one more important fact:
HOW CAN YOU HAVE ANY FREEDOM+LIBERTY WITHOUT PRIVACY?
it cannot be...hence we have privacy


Bill H> I have already seen your inability to read and understand the Constitution...you are correct it does not mention privacy...but 100% wrong about us lacking that right per Constitution

jasonush> I don't agree. There are many rights not specially listed in the Constitution....besides that Constitution is not a framework for what the people can do.....but a framework and limit to the powers of GOVERNMENT...hence if not listed there then GOVERNMENT cannot do it...not the other way around

Answer 3

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.

edit: Jasonnush - the Supreme court does not create rights that are not there, their job is to interpret the law and their interpretation of the Constitution is stated above.

Answer 4

I don't know but as individuals, we should have some privacy in order to protect ourselves. It seems that it really only comes into play in terms of unwanted attention, especially if we aren't doing anything illegal or unethical. Business already knows too much personal information about consumers. They use this information against consumers for the sole purpose of selling them products or services they wouldn't normally buy. I support 100% ethical marketing. I have no tolerance for unethical business and government practice. The Patriot Act is a big problem.

Answer 5

This is apparently an inferred right, and the right to abortion is an inferred patient-Doctor privacy right to an inferred privacy right.
Their is no right to abortion in the constitution, just as there is no right to private gun ownership in the constitution (read it yourself - where are the words "gun" and "ownership"? Nowhere.)
That's the problem with the Constitution. It seems anybody can make it say anything they want, at least when politics and big money come into play.

Answer 6

Just in case you had not noticed, there are thousands and thousands of things/rights/life styles/choices/economic privilege/ and much MORE that Americans are enjoying every single day TODAY that are "not in the Constitution."

And OF COURSE we have a right to privacy. And I DARE Uncle Sam to try and take MINE from me.

Answer 7

Whether or not you think you have the right to privacy doesnt matter in this electronic world. If the government has interest in you they can look at anything you transmit on the internet or by phone. They dont have time to watch everyone so unless you have brought their attention to you they are not watching you.

Answer 8

"Life, liberty and the pursuit of happiness." The right to privacy is tied with the last two.

Answer 9

WRONG BILL H.

The constitution explicitly says that any rights not outlined in the constitution still belong to the people ! Privacy would be one of them...and can be linked to illegal search and seizure as well.

Answer 10

I like the fact that #3 calls everyone that disagrees a moron.... then it wrong. There is no inherent right to privacy listed in the United States Constitution. The Supreme Court as it has done so many times has chosen to "create" a right to privacy because of their personal beliefs rather than interpreting the actual words that were written.