The Right to Privacy Essays

1873 Words 8 Pages
Individuals are born with certain liberty and freedom. Some freedom are being protected by the Bill of Rights, like freedom of religion, speech, press, and assembly, and some are not. Privacy is one of the rights that was not mention in the Constitution. The definition of the right to privacy is the right to be left alone without government’s intrusion. Throughout history the Supreme Court has been ruling in favor of the right to privacy like in the cases of Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas. People who believe that the Constitution should be taken literally protest that this is an act of judicial activism, or judiciary misuse of political power to implement their own opinion on federal laws. Then there are those …show more content…
He described the right to privacy as a penumbra of the combination of the First, Third, Fourth, and Ninth Amendments (262-263). According to Justice Douglas, the Constitution does protect the right to privacy because the wording of the Constitution can be infer. An objection against this position might be that Justice Douglas is violating judicial authority and that his action is an example of judicial activism, which again is a judiciary misused of political power to implement their own opinion on federal laws. These opponents believe the Constitution is meant to be taken literally because it is the fundamental law and should be use to governed the people word by word. Judicial restraint argued that the Constitution does not have penumbra because they worried judicial activism will leads to an intrusion of power between the judiciary branch and the other two branches: executive and legislative. They concluded that if the right is not listed in the Constitution, it is a made up right. Therefore, the right to privacy, in term of judicial restraint, has no penumbra and it is not protected by the Constitution. However, the Constitution had not always been taken word by word. There are some instances in history when individuals were being denied the freedom of religion, speech, press, or assembly stated in the First Amendment. For instance, The Cohen v. Connecticut case shows that that rights written in the Constitution are not absolute. Cohen was denied

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