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April 26, 2003
Right to Privacy?
Matthew Yglesias proposes:
So why doesn’t someone write up a federal “right to privacy” statute or maybe even a constitutional amendment… The existence (and scope) of a right to privacy in the constitution is a matter of some controversy, and proposing a constitutional privacy amendment might be seen as an admission on the part of privacy advocates that such a right does not exist in the un-amended constitution.
While IANACS (I am not a constitutional scholar), this seems to be covered fairly well by a combination of the ninth amendment and the fourteenth amendment (and probably a bit of the fourth amendment thrown in for good measure).
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
I bolded the part that I thought was particularly insightful.
Chris Lawrence shares some interesting history on the ninth amendment.
Radley Balko, while discussing sodomy laws,illustrates, the need for the fourteenth amendment:
So [the framers] included the Ninth Amendment – powers not expressly granted to the federal government elsewhere in the Constitution are reserved for the people. Ratification of the Fourteenth Amendment then forced the states to respect the same individual rights the federal government is required to respect.
Citibank and Subjectivity
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