Constitution and the Right to Privacy
While the text of the Constitution does not mention the Right to Privacy, the concerns about it are raised in the Bill of Rights. The Supreme Court through the series of monumental decisions authorized the civil liberty which results from the amendments. Despite the controversies, Right to Privacy is a legitimate right established by the Constitution.
The number of amendments implicitly refers to Right to Privacy. The first amendment guarantees the privacy of religion, while the third ensures the privacy of home. The fourth protects against a person and their home against unreasonable searches, while the fifth guarantees a certain level of information privacy. Additionally, the ninth amendment implies that there are other rights which are guaranteed by the Constitution, even though they are not mentioned there directly.
Supreme Court uses the Bill of Right in order to justify and create a legal database that guarantees this civil liberty. In Griswold v. Connecticut, the Court decides that there are certain “penumbras” which follow from the ninth amendment and create the zones for privacy. This landmark decision marks the establishment of the Right to Privacy. The cases which followed support and broaden the liberty, as in the decision on Roe v. Wade. It acknowledges such privacy concern, as a woman’s right to terminate the pregnancy to save her life.
Supreme Court’s decisions are legitimate, as they authorize the Right to Privacy which results from Constitution and the Bill of Rights. Even though it is not mentioned explicitly, there is a solid legal ground on the basis of which the Court has based its decisions.
Works Cited
Griswold v. Connecticut, 381 U.S. Supreme Court 479. 1965. Justia: U.S. Supreme Court Center.
Roe v. Wade, 410 U.S. Supreme Court 113. 1973. Justia: U.S. Supreme Court …
