There is no "Right to Privacy" guaranteed in the Constitution

[ck4829]

How many of you have heard that before?

Well, I guess that makes the Air Force unconstitutional, because I've looked and looked, and I can't find a single mention of an Air Force in the US Constitution.

I guess it's time to dismantle it.

[BOSSHOG]

1. There is also no separation of church and state

so lets make Islam the state religion. And with that the corresponding forcing of religious beliefs on those who might not believe in that religion. Now thats the christian conservative republican way of live in America huh?

[C_U_L8R]

2. I don't see Republicans mentioned in the Constitution

better expel them all to Gitmo for a little waterboarding

[RC]

5. Add a little soap, that'll clean up the republicans.

[C_U_L8R]

10. gotta be strong-ass soap

you don't want any of that republican residue left behind....
it's pretty noxious stuff

[BOSSHOG]

3. There is no right to privacy unless you are a

coke snorting christian republican with a strong desire to fuck young boys who flys off to the dominican republic with bought friends to feed your habit.

[bullimiami]

4. not in the 'constitution' itself but in the bill of rights

which as amendments do become part of the constitution.



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.

[shance]

7. The Bill of Rights are part of the Constitution

n/t

[tocqueville]

15. this is only a part (small) of the right to privacy

http://en.wikipedia.org/wiki/Privacy

The Universal Declaration of Human Rights, in article 12, states:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Countries such as France protect privacy explicitly in their constitution (France's Declaration of the Rights of Man and of the Citizen), while the Supreme Court of the United States has found that the U.S. constitution contains "penumbras" that implicitly grant a right to privacy against government intrusion, for example in Griswold v. Connecticut (1965). Other countries without constitutions have laws protecting privacy, such as the United Kingdom's Data Protection Act 1998. The European Union requires all member states to legislate to ensure that citizens have a right to privacy, through directives such as Directive 95/46.

privacy has to do with so many areas that the right not to be "unreasonably (whatever that means) searched" cannot be considered other than a minimum.

[OwnedByFerrets]

20. Yes, but according to KO, the Bill of Rights was thrown out with

Habeus Corpus.

[Warren Stupidity]

6. It is right here in black and white (or whatever color parchment is).

Amendment IX:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The document limits the power of the state, it does not limit the rights of the people.

[pinto]

8. The phrase is never mentioned, the Fourth Amendment, though,

has long been interpreted in those terms:

Amendment IV.

The right of the people to be secure in their persons, 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.

ratified December 15, 1791

[bowens43]

9. Sure there is, in the IXth Amendment.

Amendment IX - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.




The Constitution does not grant us rights , it merely enumerates SOME of those rights.

[tocqueville]

16. but it doesn't mean there is a right either

only that in theory it might be one.

[pampango]

18. But the Democratic position is that there is a Constitutional right to

privacy. For years I have read, believed, and argued that there is such a right - the constitutional protection for the right to an abortion.

I have read posts here lately that indicate that some on our side now believe that this is not a protected right, or that some situations in which it exists and others in which it doesn't.

I hope that in our zeal to out gay Republican hypocrites we don't make statement that will come back to haunt us later with regard to Supreme Court nominees and abortion rights.

[tocqueville]

11. strawman

it's true that the right to privacy isn't mentioned in the US constitution. It's a so called "penumbral" right, that is to say something that can be interpreted from other staements that can imply a right to privacy. That's why it is used to motivate the right to abortion, which of course is a complete judicial construction that allows the avoidance of a debate and regular lawmaking. In other constitutions the right to privacy is clearly implied often by integrating the universal declaration of human rights (UN), which the US constitution doesn't.

But the comparison with the Airforce is preposterous. A constitution cannot be a "book" that contains every single aspect of what is allowed or not. A constitution is a frame that explains why kind of state you live in and how democracy is expressed. Then WITHIN this frame regular lawmaking through democratic processes take care of the details.

The view many have on the American constitution (not for its contents) is "biblical" and thus dangerous. It transforms society into something that is ultimately regulated by the whims of 9 old men or women, which has often been the case. That is "judiciocracy" - not democracy.

[ck4829]

19. I'm using the argument from a RW perspective

I am not actually suggesting the dismantling of the Air Force in case if anyone wondered about that.

[demwing]

12. Thats because ALL rights are inherent

and the Constitution defines the limitations of Government power, not human rights.

Nor does the government "allow" or "empower" the rights of the citizens. We do not get power from the government, the government gets power from the people.

[MrCoffee]

13. Look all you want, it's not there...

There is no Constitutionally protected "right to privacy". There's the right to free speech, free assembly, protection against unlawful search and seizure, the right not to have to incriminate yourself by testifying...read Griswold v. Connecticut to find out where the "right to privacy" comes from.
http://supreme.justia.com/us/381/479/case.html

[razors edge]

14. Thats why got a constitution,

instead of the articles of confederation.

what I find interesting is this amendment-

The Original Thirteenth Article of Amendment
To The Constitution For The United States

"If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."

look what we got in place of it.

edit: sp

[Mountainman]

17. The Constitution is not meant to be the giver of rights. All rights not

enumerated in the Constitution are inalienable rights endowed by the Creator and come at birth.