Question 24
The right to privacy is guaranteed where in the Constitution?
the 1st Amendment
the 5th Amendment
the 14th Amendment
It's not specifically mentioned anywhere in the Constitution.
the 1st Amendment
the 5th Amendment
the 14th Amendment
It's not specifically mentioned anywhere in the Constitution.
posted by Crab Rangoon at 10:29 PM
4 Comments:
I believe the right to not have illegal search and seizures is a form of privacy and it is mentioned in the constitution.
as stated above, it is generally agreed that the third amendment constitutes a right to privacy.
I thought that the right to not have illegal serch was privacy.
The Supreme Court ruled that similar rights in tandem comprised an IMPLIED right to privacy in the Constitution. The case that established this is the landmark Griswold v. Connecticut (1965), in which the Court struck down a law prohibiting married couples from buying contraceptives. The right to privacy was used 8 years later to guarantee legal abortion in Roe v. Wade (1973). In Griswold, William O. Douglas wrote of a "penumbra" of rights Americans are granted that are suggested by the Constitution, but not explicitly protected in it.
Obviously, the vast majority of Americans believe there is and should be a right to privacy. But this matter is not without controversy. Sen. Rick Santorum (R-PA) for example, when the Texas v. Lawrence (2003) sodomy case was pending before the Supreme Court, argued forcefully and repeatedly that there is no right to privacy. This argument was further refuted, and the right to privacy further reiterated, when the Court struck down all sodomy laws in its decision in the case issued June 26, 2003.
Anonymous 2: the 3rd Amendment involves your right not to be forced to quarter soldiers in your home. Is that the amendment you were thinking of?
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