Right to Privacy
The Bill of Rights vs. The Constitution and the Right to Privacy in the United States
There are few documents in the world that are as unique and as important as the United States Constitution. This particular document is a fantastic compilation of laws that have survived decades, and centuries, with few additions. The U.S. Constitution, for this reason, is the supreme law of the land, and all must abide by it. However, the U.S. Constitution is not complete. That is, it is incomplete without amendments. The reason that the U.S. constitution is so strong and so all encompassing is because of the amendments to the constitution, which provide important rights, such as the right to free speech, the freedom of religion and the right to privacy. This paper will discuss how the right to privacy is regarded both by the Constitution and the Bill of Rights, and will give examples as to how this right functions in practical situations.
The right to privacy is defined, by the Law Dictionary, as the right to be left alone, in the absence of reasonable public interest. Thus, a person who is not a celebrity or a public figure should, by this definition be left alone; otherwise, according to the definition here, and, as one will see, the Bill of Rights, invasion of...
Thus, there is nothing specific in the Constitution that would protect an individual against the invasion of his or her right to privacy. For this reason, the Supreme Court has seen it necessary to amend the Constitution, and to give individuals the certainty necessary that the rights to privacy will not be violated, and has done this through amendments 1 (privacy of beliefs), 3 (privacy of the home against invasion of U.S. soldiers, etc.), 4 (privacy against unreasonable searches) and 5 (privilege against self-incrimination), among others.
There are many instances that one can provide in which the right of privacy has been explored. One of these is in the case of abortion, in Roe vs. Wade (1972), and another is the more recent debate on the right of privacy in the United States in the aftermath of the terrorist attacks. In the first instance, the Burger Court insisted on an extension of the right to privacy in the sense that it included a woman's right to have an abortion.
The
abortion case is very important because it provides the U.S. with the vital issue that is now hotly debated, but that promotes yet another freedom, the freedom of choice.
Another issue that relates to the right of privacy is the debate spurned on by the terrorist attacks on the United States and the subsequent tapping of many phones and other communication devices. The reason wire-tapping legislation that was enacted in the aftermath of the attacks has become so controversial is because it in fringes upon a person's
liberty to speak freely…
