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Where is the right to privacy written in the constitution of the United States?

  1. tirelesstraveler profile image81
    tirelesstravelerposted 2 years ago

    Where is the right to privacy written in the constitution of the United States?

    Calm down, The right to privacy is proclaimed all over the place, but is it really expressly written in the constitution?  Have you read the constitution lately.  I'm thinking it should be on my "to do" list today.

  2. RBJ33 profile image60
    RBJ33posted 2 years ago

    I don't find the word "privacy" in the constitution.  The Civil Rights Amendment XIV says in part "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;"

    1. tirelesstraveler profile image81
      tirelesstravelerposted 2 years agoin reply to this

      Definitely something to ponder.

    2. RBJ33 profile image60
      RBJ33posted 2 years agoin reply to this

      The folks that wrote the constitution had the best of intentions BUT - so much is left to interpretation - therefore there are so many confrontations - make it say what suits you best.

    3. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      The 9th Amendment already addresses that.  Amendment IX
      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    4. Galadriel Arwen profile image77
      Galadriel Arwenposted 2 years agoin reply to this
    5. RBJ33 profile image60
      RBJ33posted 2 years agoin reply to this

      adagio4639 and Galadriel Arwen - Like I said - the word "privacy" does not appear in the constitution - not even in Amendment 4, 9, nor 10.  interpretation.

    6. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      I don't think you understand the 9th Amendment. It means that just because a right isn't listed in the constitution, doesn't meant you don't have it. Read my previous reply for the exact wording of the Amendment..

    7. RBJ33 profile image60
      RBJ33posted 2 years agoin reply to this

      adagio4639 - I don't know if you want me to understand the 9th, or the Supreme Court's interpretation (there's that word again) of the 9th???  We all interpretate as we see fit.  I have enjoyed this debate.  But I must move on.

    8. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      I don't know any other way to read the 9th. It's pretty clear English.  Maybe you could enlighten us.

  3. adagio4639 profile image82
    adagio4639posted 2 years ago

    It doesn't need to be. The 9th and 10th amendment's. The right to privacy, the right to marry, to send your children to private schools, to live together with your family members, and states' rights. What do all these things have in common. They aren't in the Constitution, not in the words of it anyway. They are in the Constitution according to Supreme Court interpretation. So is that justified?

    Amendment IX

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    The Ninth Amendment was designed to answer one objection to a bill of rights, which was that if some rights were written down, the government might claim that no other rights existed. Other rights do exist, the Ninth Amendment says. Don't deny them. And the fact that they haven't been written down, doesn't make them any less important. Don't disparage them either.

    So again, the practice of enforcing rights that aren't there in the words of the constitution can actually be justified by reference to those words. So...How do you identify them?

    Sometimes they say, we will protect rights that are deeply rooted in our nation's history and tradition. And, sometimes they say basically, we will protect whatever we think is important enough. There's no perfect answer.

    The Supreme Court protects individual rights that aren't listed in the Constitution. It does this under the due process clause, which makes the whole project look a little less sensible than it might if the court said, this is based on the privileges or immunities clause and the Ninth Amendment.

    Now, what about states' rights? You hear a fair amount about states' rights sometimes. When the federal government is doing things that people don't like, one of the arguments against it is usually something about states' rights. But, what are these rights?

    States rights people point to the 10t Amendment, That says that the powers not delegated to the federal government or prohibited to the states, or reserved to the states or the people. Here's something else to think about, the Tenth Amendment doesn't actually say anything about rights. The Ninth Amendment does, it is about individual rights.

    But the Tenth Amendment is about state powers, not states' rights.

    There is nothing in the constitution that points to States Rights. The 10th refers to Powers. NOT rights, and powers and rights are two different things.

    As for reading the constitution. I read it often,

    1. RBJ33 profile image60
      RBJ33posted 2 years agoin reply to this

      You make my argument stronger - too much interpretation - make it say whatever suits you.

    2. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      That's why we have an independent  Judiciary.

    3. RBJ33 profile image60
      RBJ33posted 2 years agoin reply to this

      Independent? Yes.  Unbiased? No.   Impartial? Not always.

    4. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      Oh...I agree about the non-impartiality of the court. I think it's as biased as it gets. Look at all the 5-4 decisions we see. The SCOTUS is totally politicized. I look at their rulings and it's pretty obvious what's going on.

    5. tirelesstraveler profile image81
      tirelesstravelerposted 2 years agoin reply to this

      Had to re read the constitution a couple of times to check out states rights.   Well from my reading there is a ton said about states rights.  Especially article IV, though the 13th amendment did change some in said article.

    6. adagio4639 profile image82
      adagio4639posted 2 years agoin reply to this

      The only thing alluding to states rights in Article IV is in Sec 4 which provides protections by the Fed.."The United States shall guarantee to every state in this union a republican form of government". States Rights advocates point to the 10th.

 
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