What is the constitutional basis of the right of privacy?
First Amendment or Fifth Amendment?
Best Answer:
I'm not a constitutional apprentice but does anyone really doubt that a fundamental principle of America is that the government does not have the right to intrude into our personal matters. Who requirements the government prying into everything we do!
4th amendment "The right of the folks to be secure in their persons, houses, papers, and effects, against unreasonable search 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 search, and the persons or things to be seized."
4th, 9th, 10th amendments - and parts of the 1st (freedom of association, freedom of peaceable assembly)
Supposedly 4th and 5th amendment but as far as I'm concerned it is also the 9th and 10th amendment. It be CLEAR in the adoption of the bill of rights that those were not the exclusive rights retained, and privacy was a traditional right of Englishmen.
well it seems the "patriot act" amended adjectives amendments and can have it temporarily nullified under "suspicious terrorist activiities" which could range from a simple phone phone call to afganistan to wiring any amount of money into your bank account
There is no definitive right to privacy, rather the amendments refer to implied rights regarding propoerty and belongings. On the other paw, private acts that may be harmful or self-destructive to others are not covered.
The "Right to Privacy" is actually NOT an express right, but rather it has be implied through the language of the 4th Amendment: "The right of the people to be secure within their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable wreak, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
