A Right to Privacy???

One right, which was left out of the constitution but perhaps should have been included, is the right to privacy. This seemingly obvious omission was perhaps intentional because the founders felt the constitution already addressed the issue, although not directly, and it would be senseless to reiterate the concept. There have been several court cases either officially establishing the right to privacy in case law or restating or modifying and expanding the right.

The precedent setting case for the right to privacy was Griswold v. Connecticut. The case involved the right of “marital privacy” and whether a law in Connecticut banning the use of contraceptives was constitutional. The Supreme Court voted 7-2 that the law was in fact unconstitutional. The justices used many amendments to justify their positions on the case. Writing for the majority, Justice William O. Douglas said the right to privacy could be found in the “penumbras” of other amendments. Other justices used various amendments to base their decisions on, including the fifth, ninth, and fourteenth. It was this case which first established that people had a right against government intrusion into private activities. Substantive due process played a key role in this and future decisions. This newer legal concept gave the courts the power to determine and expand certain rights not explicitly listed in the bill of rights. It also gave them significant power in striking down laws, which violated their concept of certain human rights.