Constitutional right to privacy

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

  1. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    Does it exist or not? I contend that it does for the following reasons-

     
  2. Coloradomtnman
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    Coloradomtnman Rational and proud of it.

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    Yep. I think you're right.
     
  3. Valerie
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    Valerie Gold Member

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    Don't forget the 4th Amendment!

     
  4. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    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
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    manifold Diamond Member

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    So what if the state government wants to invade your privacy?
     
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  6. Ravi
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    Ravi Diamond Member

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    I thought it was about what the government can't do?
     
  7. manifold
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    manifold Diamond Member

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    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
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    Supremacy Clause. The state cannot infringe on a right that the federal government protects.
     
  9. CrimsonWhite
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    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
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    Ravi Diamond Member

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    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?
     

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