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The US Constitution says we have the right to privacy No it doesn't. There is no right to privacy in the original document nor any amendment to it. The closes
by stonemetal 13y ago
The US Constitution says we have the right to privacy
No it doesn't. There is no right to privacy in the original document nor any amendment to it. The closest we come to it is The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures As far as mail goes sealed mail is considered covered but only because of the relationship between the USPS and the government.
- anigbrowl 13y agoIt's rather more complex than that; the right to privayc is (judicially) considered to emanate from other rights, if you go back and look at key decisions like Griswold v. Connecticut. But your basic point is correct, there is no explicit right to privacy. This is a problem, because where judicial interpretation 'discerned' one in the Waren Court, a more conservative Supreme Court might at some point decide otherwise. Even liberal jurists consider that the Warren Court was on rather thin ice with many of their decisions, and of course a 'culture war' still rages in American politics with both sides delegitimizing judicial opinions that they don't like.
- stonemetal 13y ago>This is a problem, because where judicial interpretation 'discerned' one in the Waren Court, a more conservative Supreme Court might at some point decide otherwise. That is pretty much the point I was going for, it isn't explicit so all it would take is a different legal interpretation for it to go away. With the FISA court and all the NSA stuff it seems to already have gone.