American Personal Rights Homepage The Right of Privacy

The Right of Privacy

 Does the Constitution protects the right of privacy?

The constitution of United States does not contain the right of privacy clause in expression. But, the bill of rights depicts that James Madison and other constitutors showed their concern about some aspects of privacy. The reflection of right of privacy can be observed in the 1st Amendment (Privacy of beliefs), 3rd Amendment (privacy of the home against demands that it be used to house soldiers), 4th Amendment (privacy of the person and possessions as against unreasonable searches), and the privilege against self-incrimination in the 5th Amendment that grants the protection for the privacy of personal information.
Apart from this, the 9th amendment speaks that enumeration of certain rights. The 9th amendment is supposed to be the soul of right to privacy. It is said that the Justice Goldberg conceived the ninth amendment as the right to privacy in a way not specially discussed in the previous 8th amendments but the rights to privacy is not expressively provided in the bill of rights. It is the reason that lawmakers consider it controversial.
It goes without saying, Judge Robert Bork and many other originalists have categorically stated that no such right to privacy exist in the constitution of United States.  On the other hand, it has been polled that most of the Americans wish to fill the gap through new amendment. It is said that unless the right to privacy is not expressively cited in the constitution, the future of privacy protection will remain an open question.

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