Constitutional right to privacy

Discussion in 'Law and Justice System' started by CrimsonWhite, Apr 2, 2009.

  1. CrimsonWhite
    Offline

    CrimsonWhite *****istrator Emeritus Supporting Member

    Joined:
    Mar 13, 2006
    Messages:
    7,978
    Thanks Received:
    1,755
    Trophy Points:
    123
    Location:
    Guntucky
    Ratings:
    +1,757
    Does it exist or not? I contend that it does for the following reasons-

     
  2. Coloradomtnman
    Offline

    Coloradomtnman Rational and proud of it.

    Joined:
    Oct 1, 2008
    Messages:
    4,311
    Thanks Received:
    863
    Trophy Points:
    200
    Location:
    Denver
    Ratings:
    +1,495
    Yep. I think you're right.
     
  3. Valerie
    Offline

    Valerie Gold Member

    Joined:
    Sep 17, 2008
    Messages:
    24,624
    Thanks Received:
    5,980
    Trophy Points:
    290
    Ratings:
    +10,295

    Don't forget the 4th Amendment!

     
  4. CrimsonWhite
    Offline

    CrimsonWhite *****istrator Emeritus Supporting Member

    Joined:
    Mar 13, 2006
    Messages:
    7,978
    Thanks Received:
    1,755
    Trophy Points:
    123
    Location:
    Guntucky
    Ratings:
    +1,757
    Funny thing is, is that this is a strict constructionalist view. The idea that the Constitution is about what government can do and not what people can do.
     
  5. manifold
    Offline

    manifold Diamond Member

    Joined:
    Feb 19, 2008
    Messages:
    48,687
    Thanks Received:
    7,226
    Trophy Points:
    1,830
    Location:
    your dreams
    Ratings:
    +20,725
    So what if the state government wants to invade your privacy?
     
    • Thank You! Thank You! x 1
  6. Ravi
    Offline

    Ravi Diamond Member

    Joined:
    Feb 27, 2008
    Messages:
    81,328
    Thanks Received:
    12,693
    Trophy Points:
    2,205
    Location:
    Hating Hatters
    Ratings:
    +29,769
    I thought it was about what the government can't do?
     
  7. manifold
    Offline

    manifold Diamond Member

    Joined:
    Feb 19, 2008
    Messages:
    48,687
    Thanks Received:
    7,226
    Trophy Points:
    1,830
    Location:
    your dreams
    Ratings:
    +20,725
    I think it covers both.

    But according to CW's logic, it appears that the airport scanners would be fine as long as they're run by the state and not the federal government. And since I don't think he believes that, I'm interesting in how he goes about arguing it away.
     
  8. CrimsonWhite
    Offline

    CrimsonWhite *****istrator Emeritus Supporting Member

    Joined:
    Mar 13, 2006
    Messages:
    7,978
    Thanks Received:
    1,755
    Trophy Points:
    123
    Location:
    Guntucky
    Ratings:
    +1,757
    Supremacy Clause. The state cannot infringe on a right that the federal government protects.
     
  9. CrimsonWhite
    Offline

    CrimsonWhite *****istrator Emeritus Supporting Member

    Joined:
    Mar 13, 2006
    Messages:
    7,978
    Thanks Received:
    1,755
    Trophy Points:
    123
    Location:
    Guntucky
    Ratings:
    +1,757
    Supremacy clause.

    Article VI, Paragraph 2

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.
     
  10. Ravi
    Offline

    Ravi Diamond Member

    Joined:
    Feb 27, 2008
    Messages:
    81,328
    Thanks Received:
    12,693
    Trophy Points:
    2,205
    Location:
    Hating Hatters
    Ratings:
    +29,769
    So, CW...the states' cannot outlaw or allow what the federal government protects...and the federal government can only limit what they are authorized to limit and no more (All legislative powers herein granted shall...which means we, the people give the federal government these powers and no others)...am I reading that correctly?
     

Share This Page