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Is the right to privacy in the Constitution?
EMCS
Member Posts: 4,063
Is the right to privacy in the Constitution?
Embracers of the Constitution are baffled by what's really in it
Voters see rights they don't have By Stephen Dinan
They say they stand for a return to constitutional principles, but it turns out tea party supporters are just as confused as to what rights and powers are in the federal government's founding document, according to the latest The Washington Times/JZ Analytics poll.
Most Americans say they've read all or most of the Constitution, but they tend to see more rights than the document actually guarantees, and struggle over what the Constitution says about the powers and structure of government itself.
For example, 92 percent of those surveyed said the Constitution guarantees the right to a jury trial, but only 40 percent knew that it grants Congress the power to coin money, and just 53 percent said it establishes Congress` power to levy an income tax.
FULL ARTICLE HERE
http://tiny.cc/cyfrjw
Embracers of the Constitution are baffled by what's really in it
Voters see rights they don't have By Stephen Dinan
They say they stand for a return to constitutional principles, but it turns out tea party supporters are just as confused as to what rights and powers are in the federal government's founding document, according to the latest The Washington Times/JZ Analytics poll.
Most Americans say they've read all or most of the Constitution, but they tend to see more rights than the document actually guarantees, and struggle over what the Constitution says about the powers and structure of government itself.
For example, 92 percent of those surveyed said the Constitution guarantees the right to a jury trial, but only 40 percent knew that it grants Congress the power to coin money, and just 53 percent said it establishes Congress` power to levy an income tax.
FULL ARTICLE HERE
http://tiny.cc/cyfrjw
Comments
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Sounds like there is a very high regard for privacy to me.
Amendment Four:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Sounds like there is a very high regard for privacy to me.
It's a right to security from the federal government, which aforetime could search for and seize property without just cause, to terrorize people into submission. So, while it has the "air" of being a privacy issue, it is more a property rights issue.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
Is the right to privacy in the Constitution?
This is a trick question. Neither you nor I nor anyone else can actually find a right to privacy in the actual United States Constitution, because when it was written nobody put pen to paper and said so. So, it would appear to me and the average fifth grader there is no right to privacy in the Constitution.
However, the United States Supreme Court says there is a right to privacy in the Constitution, and since the Supreme Court is the final say "both as to Law and Fact", the answer is Yes, there is a right to privacy in the Constitution.
"quote:Originally posted by emcs.security
Is the right to privacy in the Constitution?
This is a trick question. "
It was NOT meant to be a trick question , but a lead in to get people to understand how little some people understand the Constitution.
Your reply was right on.
The stated (Congress can collect taxes)
The inherent (therefore Congress must be able to enforce the collection)
The implied (therefore Congress can decide how much to collect)
When you add this little twist to it, and throw in a dash of lawyers - it can really gum up the works!
COB
The due process clause of the 14th was referenced, in that prohibition of abortion rights restricted the liberty of the woman absent due process.
Additionally, it was referenced that one of the rights 'retained by the People' in Amendment 9 was the right to terminate a pregnancy. But only in the 1st trimester, or perhaps in the 2nd if there was good reason, but this retained right disappeared in the third trimester. Subsequent SCOTUS Amendments to the Constitution have changed the trimester qualifications of the retained right to abort by suggesting that 'viability' is part and parcel with this rather obvious right.
It is important to understand that Article 5 is no longer anything but a useless appendage to an otherwise nebulous document. The Amendment Process has been transferred from the People and the Legislative Branch to the Judicial Branch. It really is much more efficient.
Brad Steele
Told him I was NOT a congressman, and to go read the constitution.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
Amendment Four:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Sounds like there is a very high regard for privacy to me.
Yeah, but as the article says, a lot of folks who embrace the Constitution have no idea what's in it.
Hell, a lot of the folks around here are living proof of that.
Hell, a lot of the folks around here are living proof of that.
Is this what a person might call irony?[:D]
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
I think I saw it right next to the part about a right to an abortion.
+1[:(!]
The Roe vs. Wade Amendment clarified the Right to Privacy for those of us too simple to find it on our own.
The due process clause of the 14th was referenced, in that prohibition of abortion rights restricted the liberty of the woman absent due process. Makes one wonder about the due process afforded to the condemned...
Additionally, it was referenced that one of the rights 'retained by the People' in Amendment 9 was the right to terminate a pregnancy. But only in the 1st trimester, or perhaps in the 2nd if there was good reason, but this retained right disappeared in the third trimester. Subsequent SCOTUS Amendments to the Constitution have changed the trimester qualifications of the retained right to abort by suggesting that 'viability' is part and parcel with this rather obvious right.
It is important to understand that Article 5 is no longer anything but a useless appendage to an otherwise nebulous document. The Amendment Process has been transferred from the People and the Legislative Branch to the Judicial Branch. It really is much more efficient.
Parts of the 5th also covers privacy.
The Fifth Amendment to the U.S. Constitution reads:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Which part?
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
JamesRK
"quote:Originally posted by emcs.security
Is the right to privacy in the Constitution?
This is a trick question. "
It was NOT meant to be a trick question , but a lead in to get people to understand how little some people understand the Constitution.
Your reply was right on.
So wait, it's a lead to get people to understand how little some people understand the Constitution, and yet JamesRK clearly showed that it can be answered correctly with "Yes" and with "No." So you asked a question about the Constitution that everybody is going to get get right to show how little we know about the Constitution?
See how easy it is include certain rights within the law? All we have to do is actually, you know, write them in there.
Revolutionary.
quote:Originally posted by mark christian
Amendment Four:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Sounds like there is a very high regard for privacy to me.
Yeah, but as the article says, a lot of folks who embrace the Constitution have no idea what's in it.
Hell, a lot of the folks around here are living proof of that.
there are about 5 supreme court justices and severalpresidents who are proof of that.
quote:Originally posted by Don McManus
The Roe vs. Wade Amendment clarified the Right to Privacy for those of us too simple to find it on our own.
The due process clause of the 14th was referenced, in that prohibition of abortion rights restricted the liberty of the woman absent due process. Makes one wonder about the due process afforded to the condemned...
Additionally, it was referenced that one of the rights 'retained by the People' in Amendment 9 was the right to terminate a pregnancy. But only in the 1st trimester, or perhaps in the 2nd if there was good reason, but this retained right disappeared in the third trimester. Subsequent SCOTUS Amendments to the Constitution have changed the trimester qualifications of the retained right to abort by suggesting that 'viability' is part and parcel with this rather obvious right.
It is important to understand that Article 5 is no longer anything but a useless appendage to an otherwise nebulous document. The Amendment Process has been transferred from the People and the Legislative Branch to the Judicial Branch. It really is much more efficient.
My post is tongue-in-cheek, bpost. If one reads the due process clause, one finds that no State can deprive any person of life, liberty or property absent due process. One must then ponder whether the key word in this phrasing is 'State' or 'person'.[B)]
Brad Steele