Right to privacy
Is there a federal right to privacy according to the original intentions of the Founding Fathers?
. Also, the amendment, especially the first amendment, gives individual freedom on what to do with their privacy, mainly on religion. Every human should have a life free from intrusion.
The constitution of the United States does protect the rights of privacy. Through the 4th amendment, the 1st amendment, the 3rd amendment through constitutional framers, and personal privacy is a component of the liberty protected by due process clause, the right to privacy is established. The due process clause states that liberty protected is not limited to freedom from physical restraint and is protected not merely procedural but a subsequent matter. Thus the federal right to privacy is according to the original intentions of the founding fathers. Don't use plagiarised sources.Get your custom essay just from $11/page
The right to privacy in the United States is to let a person be alone. In the first amendment of the bill of rights in the federal constitution, states that the congress shall not make any laws in the establishment of religion. In the first amendment, the provision does not it provide or focus on how the government should act or not, but it instead allows individual freedom to be independent. Hence, an individual has a right to choose and practise their preferred religion without any government intervention. Through the first amendment, an individual can rightfully sue the government if interrupted while practising their religion. Thus, the amendment promotes privacy.
The fourth amendment in the federal constitution provides that an individual has a right to be secure in their house, and there will be effects on unreasonable searches and seizures. Thus, it gives individual privacy since no police have the authority to step into your home and do a search or seizure without a warrant or a probable clause. The amendment ensures privacy to a person’s business, house, property, and even when police stops a person on the street or arrests, the police has to show a warrant before the search. The amendment limits police intrusion on a personal life offering freedom of privacy.
The third amendment is quite similar to the fourth amendment. However, the third amendment was quite applicable during the revolutionary war. Colonial authorities were required to quarter, provide water, food, fuel and transportation for soldiers stationed in their home towns and villages. Hence, the implementation of the third amendment was giving personal privacy to colonial authorities. Since the amendment provided that during peacetime, quartering soldiers are restricted in private homes, especially where the owner has not given consent. Quartering soldiers was a way of hospitality to the fighting soldiers but offering shelter to the soldiers was intruding person’s privacy.
The due process clause is in the 14th amendment, which provides that no state shall deny individual freedom and property without due process of law. Due process of law is fair procedures on a person in court. The Supreme Court has ruled out that due process clause protects rights that the constitution has not incorporated. For instance the right to privacy on sexual relationships such as lesbianism and gay. Also, the clause protects the right to privacy on a woman’s decision to have an abortion. The fourteenth amendment may not have been what the founding fathers intended, or the expected the world to be, but the amendment has incorporated society changes.
The founding fathers of the United States were at the Constitutional Convection where the constitution is developed and rectified. In developing the constitution, the founding fathers are concerned about individual rights to privacy. Thus the various amendments were made in the bill of rights. The first, third, fourth, and fourteenth amendment provisions require the state to ensure that an individual has the right to privacy.