I thought this would be a good time to address the question of does the Constitution contain a right to privacy. The reason I thought this would be a good time is because former Pennsylvania Senator Rick Santorm is a potential Republican candidate for president and has stated in the past that there is no Constitutional right to privacy.
The first question that arises is where in the Constitution does one find a right to privacy? Examination of the Constitution does not find any specific declaration of a right to privacy but should one examine the Fourth Amendment one does find the following “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” absent a right to privacy how can one be secure in their person, their home, their papers or their effects?
next one needs to look at the Nineth Amendment to the Constitution which states ” The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” Therefore that fact that the right of privacy is not an enumerated right does not mean that the right does not exist and is not constitutionally protected.
As I am thinking about this post it occours to Me that perhaps I should have started with the very document that started this country that being the Declaration of Independance. That document states in part “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” fundamental to the unalienable right of Liberty is privacy with out the ability of a person to keep his own counsel and determine what information he will share there can be no liberty. Liberty requires by it’s very nature privacy.
I have reached the conclusion that there is not only a Constitutional right to privacy but that the right to privacy is a fundamental right inherent not only to all human beings but also one of those unalienable rights that gave rise to the revolution that founded this country. I can only hope that I have persuaded you of the same.