The Rights Of The Amendment Essay examples

1527 Words Jun 11th, 2015 null Page
The right to privacy is a complex issue due to its lack of definition in the Constitution. There is no direct Amendment that spells out what privacy is to be expected. The most important case for setting the standards of privacy Griswold v. Connecticut explored this problem. In this case Justice Douglass listed the origins of the right to privacy from coming from the First, Third, Fourth, Fifth and Ninth Amendments and the due process clause of the Fourteenth Amendment. Justice Douglass stated “ The Ninth Amendment obviously does not create federally enforced rights … but a catalogue of these customary, traditional, and time honored rights, amenities, privileges and immunities… Many of them in my view come within the meaning of the term ‘liberty’ as used in the Fourteenth Amendment.” (1314) The Ninth Amendment sates that the list of rights in the Constitution is not all of the rights that are held by the people. This was created because there was a fear by Madison and Jefferson that the Bill of Rights would be used to constrain the liberty and privacy of individuals by limiting freedoms to what was specifically listed in the Constitution. The problem then and now is that there are many freedoms and privacy concerns that are unlisted. The District Court in its preliminary ruling on the Roe v. Wade case cited the Ninth Amendment in their decision in striking down the law prohibiting abortion. The Ninth Amendment can and should be used as the writers intended. It was…

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