Does the Constitution Guarantee a “Right to Privacy”.ppt

Does the Constitution Guarantee a “Right to Privacy”? Amy Albrecht Alaina Cominskie Colleen Hughes Shannon Johnston What is the U.S. Constitution? A document created by our founding fathers establishing the government of the United States with three separate branches: Legislative, Judicial, and Executive. The constitute ensures checks and balances of power among each branch. While the Constitution establishes what the government can do, the Amendments (Bill of Rights) spell out what the government can NOT do. The Constitution does not establish limitations on what people can do, it regulates the government. Spells out the government’s limited rights and/or powers Privacy in the Constitution The right to privacy is not stated specifically in the Constitution. However, the Supreme Court’s responsibility is to decide the constitutionality of a law or government action. The Supreme Court does not establish laws on privacy but prefers to use a case-by-case approach to rule on privacy. The Constitution is a living document that often reflects public opinion. What is the “Right to Privacy”? The right of a person to be free from intrusion into matters of a personal nature. “Right to be let alone”, according to Supreme Court Justice Brandeis. The 4 States of Privacy Solitude Intimacy Anonymity Reserve Solitude: As close to being alone as one can get Free from observation of others Intimacy: This is when a person has the right to chose their friend or partner, without concern of what others will think Anonymity: Free from identification and supervision Reserve: Free to hold back information that we wish to keep to ourselves Not forced to disclose information unless a person chooses to Does the Constitution support the “right to privacy”? The majority of Justices on the Supreme Court believe the “right to privacy” to be a basic human right. Some amendments that are believed to include the “right of privacy” include: 1st Amendment 4th Amendment 5th Amendm