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Supreme Court Privacy Protection Constitutional Decisions

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Has the Supreme Court taken liberties in using the First, Fourth, Ninth and Fourteenth Amendments to the Constitution to justify privacy protection decisions?

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Solution Summary

This solution examines if the Supreme Court has taken liberties in using the First, Fourth, Ninth and Fourteenth Amendments to the Constitution to justify privacy protection decisions. Examples, a related article on the ninth amendment and references are also included.

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1. Has the Supreme Court taken liberties in using the First, Fourth, Ninth and Fourteenth Amendments to the Constitution to justify privacy protection decisions?

This addresses the question, how does the Constitution protect our right to privacy, including reproductive freedom, if that right isn't explicitly named in the Constitution?

For example, even though a right to privacy is not named, the Ninth Amendment states that the naming of certain rights in the Constitution does not mean that other, unnamed rights are not "retained by the people." The Supreme Court has long held that the Bill of Rights protects certain liberties that, though unspecified, are "fundamental to an individual's ability to function in society." These include the right to privacy, the right to travel, the right to vote and the right to marry. The Court has articulated various constitutional bases for these liberties, including the First, Fourth, Fifth, Ninth and Fourteenth Amendments. And in recent years, the Court has viewed the privacy right as an essential part of liberty, specifically protected by the Fifth and Fourteenth Amendments http://www.lectlaw.com/files/con17.htm.

Example 1: Reproductive choice

Is reproductive choice protected by constitutional principles ...

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