Privacy as a Constitutional Right: Sex, Drugs, and the Right to Life

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Greenwood Publishing Group, 1992 - 206페이지

The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.

This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.

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Introduction
1
The Foundations of Constitutional Privacy
15
The Historical Foundation From Hittites to Puritans
17
The Philosophical Foundation From Natural Law to Natural Rights
33
The Constitutional Foundation From Natural Rights to Substantive Due Process
59
The Common Law Foundation Creating the Right to Privacy
75
Constitutional Privacy
89
Creating Constitutional Privacy
91
Life and Death
127
Mind and Body
137
Beyond Constitutional Privacy
151
Who Owns History?
153
State Constitutional Privacy
173
Conclusion
181
Appendix
189
Index
195

Sex and Marriage
107

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93 페이지 - They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.
93 페이지 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations.
97 페이지 - We deal with a right of privacy older than the Bill of Rights— older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.
60 페이지 - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
101 페이지 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
97 페이지 - Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.

저자 정보 (1992)

DARIEN A. McWHIRTER is an attorney and consultant. He received his Ph.D. in political science from Yale University and his J.D. from the University of Texas Law School. He is the author of Your Rights at Work (1989), and co-author of Privacy in the Workplace (Quorum, 1990).

JON D. BIBLE is an Associate Professor of Business Law at Southwest Texas State University. He received his M.A. in American Studies and his J.D. from the University of Texas. He has published numerous articles on the law and is a co-author of Privacy in the Workplace (Quorum, 1990).

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