The Importance Of Privacy In The Constitution

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Although there is no specific protection of privacy in the Constitution, many people believe that the ninth amendment, which reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” is meant to protect the privacy of the home (Beeman 70). In his Griswold concurrence, Justice Goldberg stated:
The fact that no particular provision of the Constitution explicitly forbids the State from disrupting the traditional relation of the family – a relation as old and as fundamental as our entire civilization – surely does not show that the Government was meant to have the power to do so. Rather, as the Ninth Amendment expressly recognizes, there are fundamental personal rights such as this one, which are protected from abridgement by the Government though not specifically mentioned in the Constitution (Linder).
The privacy of family affairs, such as a pregnancy, are in fact protected by the ninth amendment of the Constitution; therefore, abortion regulations, which attempt to interfere in the private lives of pregnant mothers and their doctors, are clearly unconstitutional. …show more content…

The amendment states that no search or seizure can be conducted unless there is a “probable cause,” yet on March 29, 2011 Arizona legislature criminalized abortion based on the sex or race of the fetus (DeFrancesco). There is no legitimate way of determining whether or not the decision to abort was based on race or sex; therefore, to accuse a woman of such an offense would be criminalizing her without “probable cause.” Not only is this regulation just another way to hinder the process of abortion, it also violates the fourth

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