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American Fundamental Values Essay

1737 words - 7 pages

“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”(Benjamin Franklin). Privacy is considered a civil liberty issue. It reflects the American fundamental values such as civil liberties, limited government, and individualism. It covers the whole range of civil liberties spectrum and it holds every aspect of our life. It plays a major role on our daily lives and it is also a main structure in the future of democratic political system (Wemmer, 2012.) Privacy has evolved overtime, privacy can be interpreted from the First ,Third, Fourth, Fifth, Ninth, Fourteenth Amendments in the Constitution; however Americans don’t consider the importance of privacy until cases such as Griswold v. Connecticut (381 U.S. 479, 1965), Roe v. Wade (410 U.S. 113, 1973), Mapp v. Ohio (367 U.S. 643, 1961) are brought to the court.
Privacy is a constitutional right that is with the interpretation of the Supreme Court when concerning abortion, and other private sexual behaviors (Living Democracy, 2012.) The boundaries government action can result as the threat to privacy of individual. Privacy assures our basic business from government control. The word privacy does not exist in the Constitution. There are no where one could find the words privacy in the Constitution. Nevertheless, the Founding Fathers thought it a fundamental value that America has the right to be protected. Understanding the intention of the Founding Fathers, the Supreme Court interpreted the right to privacy from the original context was given to them. The Bill of Right and other provisions in the Constitution describe the legal protection of an individual. It reflects the concern of the framers for the aspect of protecting privacy belief. Privacy in the First Amendment can be found to imply that ensuring protection from compelled disclosure. The Third Amendment: privacy in the home is to protect from soldiers quartered. The Fourth Amendment: ensure protection against unreasonable search and seizure. The Fifth Amendment: protects against self-discrimination. The Ninth Amendment: the right that is reserved to the people (American Government, 2004.) Before the Fourteenth Amendment was created, some judges state that there was no such thing as a right to privacy because it did not appear in the Constitution (law2.umkc.edu.) However, the opinion of the judges swings after the establishment of the Fourteenth Amendment (Cornell University Law School.)The Due Process Clause is key concepts that lie within the Fourteenth Amendment (Henkle, 2013.) Due process stated that the government can deny life or liberty and property of the individual (American Government, 2004.) The Supreme Court of the United States interprets the Clauses more broadly to protect individual privacy. They finally recognized that protecting privacy among other right is a concept protecting liberties.
The rights of privacy rights are limited. Privacy get protected when is...

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