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Old 10-12-2012, 12:58 PM
Danzig Danzig is offline
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here's an excerpt from an article regarding the unenumerated 'right to privacy':

The right to privacy isn't directly mentioned in the Constitution, but the US Supreme Court has held that it is a fundamental liberty deserving protection because privacy is implied in the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments (Due Process Clause).

The judicial concept of "Substantive Due Process," holds that the Fourteenth Amendment Due Process Clause is intended to protect all unenumerated rights considered fundamental and "implicit in the concept of ordered liberty," among these the right to privacy. Use of Substantive Due Process is considered judicial activism, in that it seeks to limit the scope of laws that undermine personal liberty, even if the law doesn't address a right specifically mentioned in the Constitution.

In the past, (Lochner Era: c.1897-1937, second industrial revolution) Courts used Substantive Due Process in a way that reduced individual protection from exploitation by businesses and the government, such as protecting the "right" of the individual to negotiate contracts with an employer by holding minimum wage and work conditions laws unconstitutional.

Today, Substantive Due Process is used to protect the individual against exploitation or legislation that creates an undue burden on individuals, or on an identifiable group or class of citizens.

The Supreme Court first declared an individual's right to privacy in the case Griswold v. Connecticut, (1965), which overturned a Connecticut law prohibiting doctors from counseling married couples on the use of birth control. The Court held the state had no legitimate interest interfering in communication between a doctor and patient, that the nature of the discussion was private.

Griswold set the precedent used to legalize abortion in Roe v. Wade, (1973) and to decriminalize intimate sexual practices between consenting adults in Lawrence v. Texas, (2003).
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