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Right of Privacy - Essay Example

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Instructor Right of Privacy One thing that all human beings attach enormous importance to is privacy. This is what human beings consider as the right to be let alone and do things without interference from any other sources and most importantly the government…
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Right of Privacy Essay
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"Right of Privacy"

Download file to see previous pages Moreover, privacy helps couples decide the number of children they will have and the ways in which the couples will raise their family. Human beings should enjoy all these rights without restrictions. In this regard, the right to privacy controls the government from carrying out investigations on people’s lives without following due process. While the constitution of the United States does not mention the right to privacy, there are a variety of sections in the constitution that provide for these rights without mentioning that citizens have general and specific rights to privacy. Nevertheless, citizens secure the right to privacy through a number of Supreme Court decisions as this expose elucidates. According to Breckenridge, Justice Brandeis indicated that the authors of the constitution wrote it to help the American people pursue contentment by noting that: The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness…They conferred, as against government, the right to be let alone-the most comprehensive of the rights of man and the right most valued by civilized men. In this regard, Justice Brandeis noted that proper interpretation of the constitution offered Americans the right of privacy. ...
In this regard, we all know that the most fundamental part in American’s way of life is the basic unit known as a family. It is common knowledge that Americans set up families while pursuing happiness in their life. As a result, the institution of marriage gets protection under the right of privacy. According to Rubenfeld, the Supreme Court ruled in the matter of Griswold v. Connecticut Court (1965) that, “A "right to privacy" could be discerned in the "penumbras" of the first, third, fourth, fifth, and ninth amendments.” In this regard, this formed the basis for determination of the right of privacy by the Supreme Court since two years later the Court ruled over the matter of Loving v. Virginia (1967). In this instance, Rubenfeld noted that this case involved a law in Virginia that prohibited interracial marriages. In effect, the Supreme Court ruled that individuals were free to marry whomever they wanted. Thus, Rubenfeld noted that the court ruled against this law prohibiting interracial marriages and held that “states could not interfere in that manner with an individual's choice of whom to marry.” While a majority of cases that set precedents for the right of privacy was of marriage in nature, there are other natures of rulings whose nature is not on marriage. Case in point, Rubenfeld noted that Eisenstadt v. Baird (1972) is one such case. In this regard, Rubenfeld notes that the Supreme Court held that, “it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.” In this regard, the court ...Download file to see next pagesRead More
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