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The Right to Privacy
1867 Words4 Pages
Individuals are born with certain liberty and freedom. Some freedom are being protected by the Bill of Rights, like freedom of religion, speech, press, and assembly, and some are not. Privacy is one of the rights that was not mention in the Constitution. The definition of the right to privacy is the right to be left alone without government’s intrusion. Throughout history the Supreme Court has been ruling in favor of the right to privacy like in the cases of Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas. People who believe that the Constitution should be taken literally protest that this is an act of judicial activism, or judiciary misuse of political power to implement their own opinion on federal laws. Then there are those who believe that the judiciary pursuit justice when protecting individual’s the right to privacy. In this paper I will argue that the right to privacy is an example of the judicial authority in pursuit of justice because it is inferred in the Constitution, it’s a just liberty, and it’s in the state of nature. The judiciary authority is responsible for individual’s right to privacy because it exists in the state of nature. Does the Constitution protects privacy? Justice Douglas answered yes. In the court case of Griswold v. Connecticut, Griswold offered informations about birth control to married couples. His action violate with the state law of Connecticut which prohibited any use of device that will prevent contraception (261). This court case raise a question of the right to privacy that protect individual from government intrusion. There were difficulties in addressing the question because unlike other liberties and freedoms, the right to privacy was not stated directly in the Constitution.... ... middle of paper ... ... 225-229. Douglas, J. “Opinion of the Court.” Griswold v. Connecticut, 381 U.S. 479 (1965). Ed. D. Hartouni. D. Horwitz. D. Skrentny. 261-262. Hamilton, Alexander. “The Federalist No. 78” (1788). Ed. D. Hartouni. D. Horwitz. D. Skrentny. 75-78. Hartouni, Valerie. Horwitz, Robert. Skrentny, John. Dimension of Culture 2 Justice. San Diego, CA: University Readers, 2011. Locke, John. “Chapter II: Of the State of Nature.” “Chapter V: Of Property.” “Chapter IX: Of the Ends of Political Society and Government.” The Second Treatise of Government (1690). Ed. D. Hartouni. D. Horwitz. D. Skrentny. 21-36. Peckham, J. “Opinion of the Court.” Lochner v. New York, 198 U.S. 45 (1905). Ed. D. Hartouni. D. Horwitz. D. Skrentny. 231-237. Taney, Roger, J. “Opinion of the Court.” Dred Scott v. Sandford, 60 U.S. 393 (1857). Ed. D. Hartouni. D. Horwitz. D. Skrentny. 151-156.
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