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Honest Argument: The US Constitution contains an implied right to privacy that applies to all citizens
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The US Constitution contains an implied right to privacy that applies to all citizens

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The US Constitution contains an implied right to privacy that applies to all citizens  The US Constitution contains an implied right to privacy that applies to all citizens
       For the First Amendment to be meaningful, a right to privacy is necessary  For the First Amendment to be meaningful, a right to privacy is necessary
              NAACP vs. Alabama (1958) was decided 9-0, supporting the above interpretation  NAACP vs. Alabama (1958) was decided 9-0, supporting the above interpretation
       The Ninth Amendment supports the notion that unenumerated rights, such as the right to privacy, are retained by the people  The Ninth Amendment supports the notion that unenumerated rights, such as the right to privacy, are retained by the people
              "There is no way to look at the Ninth Amendment and tell which rights are protected and which rights are not."  "There is no way to look at the Ninth Amendment and tell which rights are protected and which rights are not."
                     To distinguish legitimate from unlegitimate unenumerated rights read the Founding Fathers  To distinguish legitimate from unlegitimate unenumerated rights read the Founding Fathers
                            The "founding fathers" can't be viewed collectively  The "founding fathers" can't be viewed collectively
                            Even if one reads the Constitution and the writing of its authors, meaning is not always clear  Even if one reads the Constitution and the writing of its authors, meaning is not always clear
       A right to privacy is protected by the Constitution if its exercise does not infringe on the rights of others  A right to privacy is protected by the Constitution if its exercise does not infringe on the rights of others
              It can be argued that almost any action has an impact on other people  It can be argued that almost any action has an impact on other people
       The Constitution does not grant or create or rights; it protects rights.  The Constitution does not grant or create or rights; it protects rights.
       The fourth and fifth Amendments also depend on a right to privacy  The fourth and fifth Amendments also depend on a right to privacy
       Recent Court Cases Have Relied On a Right to Privacy  Recent Court Cases Have Relied On a Right to Privacy
              City Employees Have Right to Privacy in Text Messages  City Employees Have Right to Privacy in Text Messages
              FLDS Parents' Rights Outweighed Texas' Justification to Remove Kids  FLDS Parents' Rights Outweighed Texas' Justification to Remove Kids

Comments:




joetab24

Did you get my email about errors you're getting on forms?

Comment by: Ulysses Berman At: 2008-07-05 12:38:49



Not very controversial

This argument probably does not have a whole lot of controversy attached to it, but the idea of a "living Constitution" does. I think that is what I am getting at. I will put a new argument together.

Comment by: joetab24 At: 2008-07-06 19:34:28



Re: comment: Not very controversial

actually, there is a great deal of controversy to this Argument, especially given its underpinning in Roe v Wade.

between the current polarization of the Supreme Court, and the Bush administration's disdain for anybody's privacy (except, pointedly, their own), this will become a much more visible issue, albeit less so than Iraq, the economy, or runaway brides

Comment by: Ulysses Berman At: 2008-07-08 15:25:32



Re: comment: Re: comment: Not very controversial

Ok...some feedback helps. I've been reading a bunch of cases that deal with privacy- majority + dissents - in an effort to better frame this argument. I don't think I should emphasize cases though, rather the major arguments made by various justices. This appears to be quite an undertaking.

Comment by: joetab24 At: 2008-07-09 19:01:44



Re: comment: Not very controversial

I think it's a great argument.

1) It is one that needs a great deal of explication, and

2) It is an argument one generally finds discussed only by advocates (of one side or the other) or, if in general media, in a false equivalence manner

From a structural perspective, I think that creating modes emphasizing the major arguments is most helpful to readers that don't have a legal background. Adding references to the cases as child nodes as you have done works well

Comment by: Ulysses Berman At: 2008-07-09 20:46:58



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