danielpalos
Diamond Member
- Banned
- #101
Due process applies before you can get convicted. The right to privacy from Government without a just Cause.So there is no 'right to privacy' listed in the US Constitution.Our Fourth Amendment is all about a right to privacy. Due Process applies.Swing Justice Potter Stewart and Justice Hugo Black disagreed in Griswold v Connecticut. The decision was 7 - 2 in favor. The big deal was Justice Douglas, ultra liberal accused-activist Judge. Doe any of it matter?
Question
Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?
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My Question(s): Do you stand on principle, or do you agree or disagree because of personalities involved or a judicial philosophy?
and
Does a Right to Privacy Exist somewhere with in the US Constitution, and if so can you point to it?
AMENDMENT IV
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.
question is always: Does a Right to Privacy Exist somewhere with in the US Constitution, and if so can you point to it?
answers like: Our Fourth Amendment is all about a right to privacy. - fail to address it head on. If the 4th is 'about' a right to privacy, why doesn't it mention it? Even a Wikipedia entry goes on about: First Amendment, Third Amendment, Fourth Amendment, and the Fifth Amendment. But at least they acknowledged first that "the Constitution does not explicitly include the right to privacy, the Supreme Court has found that the Constitution implicitly grants a right to privacy against governmental intrusion from the" 1st, 3rd, 4th, 5th amendments.
I agree with the Supreme Court. But let us be consistent. Too many people who claims rights that are enumerated, and deny some rights not enumerated, almost always claim a right to privacy.
The actual natural right to privacy is found in State Constitutions and available via Due Process.