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The right to privacy isn't explicitly written into the Constitution, but is represented by the Ninth Amendment of the US Constitution. The Ninth states that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This is an acknowledgement of the Founding Fathers' inability to put all the rights of the people into the Bill of Rights, and places a limit on the power of the Federal Government, as well as the State Governments, through the Due Process clause of the 14th Amendment.

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The US Constitution does not explicitly grant privacy rights, or many other "rights." Individuals have inherent rights which include the right to life, liberty, happiness and the right to keep the fruits of ones labor. Groups on the other hand do not have inherent rights, all rights come through the individual.

Generally, as long as one individual does not impose, force or otherwise harm another through their actions then that person's behavior is solely up to them. However, privacy "rights" are largely a matter of a person's private life.

The US Supreme Court ruled in Lawrence v. Texas (2003) that "The petitioners [Lawrence and Garner] are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime."

The Bill of Rights and the 14th Amendment contain the areas for which privacy might be expected. States themselves have a large amount of leeway when it comes to privacy expectations in public (10th Amendment). It is generally accepted that no one should expect a right to full privacy in public areas or the internet.

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12y ago
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No, the right to privacy as established by the US Supreme Court is based on a combination of Amendments, such as the Third, Fourth, Fifth, Ninth and Fourteenth.

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14y ago
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Q: Is right to privacy in the Bill of Rights?
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Continue Learning about American Government

What are two basic rights not included in the Bill of Rights?

Right to Privacy and...


Which of the following rights is not specifically protected by the bill of rights?

right to privacy


What rights were threatened by The Intolerable Acts?

Right to trade right to privacy right to property


How do the amendments to the Constitution preserve individual rights?

All of them. If you want to be more specific, the first amendment protects the individual's right to freedom of speech, religion, and to question the government's authority by petitioning and assembling peaceful protests. The second amendment protects the individual's right to own weapons. The fourth amendment protects the individual's right to privacy. Read the Bill of Rights, my friend. It's all there.


How right to privacy is implied by other constitutional rights guaranteed in the Constitution?

Two amendments in the Bill of Rights imply a right to privacy. The Fourth Amendment protects citizens from "unreasonable search and seizure". But in recent years, the Tenth Amendment is often cited as the basis of a right to privacy. The Tenth Amendments states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Some scholars and Constitutional experts believe that if there is no constitutional provision allowing an invasion of privacy by the government, then the people can claim power over their own privacy or the "right to be let alone." This belief has formed the basis in arguments in favor of the right to abortion, same-sex marriage and medical marijuana laws, among others.