Has the Supreme Court acted legitimately in creating and interpreting the right of privacy? Use Case law to justify.
To determine whether the Supreme Court has acted legitimately in creating and interpreting the right to privacy, we can examine relevant case law that supports this view.
One landmark case that played a significant role in establishing the right to privacy is Griswold v. Connecticut (1965). In this case, the Supreme Court considered whether a Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. The Court found that this law violated the Due Process Clause of the Fourteenth Amendment, which includes a right to privacy that protects certain fundamental rights.
To understand the reasoning behind the Court's decision, it is important to outline the steps it followed to create and interpret the right of privacy:
1. Identify the "penumbras and emanations" of other rights: The Court acknowledged that while the Constitution does not explicitly mention a general right to privacy, it recognized that certain other rights imply its existence. For instance, the First, Third, Fourth, Fifth, and Ninth Amendments all contain specific guarantees protecting various aspects of privacy.
2. Analyze the guarantees within the Bill of Rights: The Court examined various guarantees, such as the First Amendment's protection of free speech and the Fourth Amendment's protection against unreasonable searches and seizures. It concluded that a right to privacy can be derived from these guarantees, as they reflect an individual's right to control personal decisions and relationships.
3. Recognize the importance of personal autonomy: The Court emphasized the significance of personal autonomy and the ability to make decisions regarding matters intimately related to personal beliefs, values, and family life. It deemed marital privacy, as involved in contraception decisions, to be a fundamental aspect of liberty protected under the Constitution.
By following these steps, the Court legitimized the creation and interpretation of the right to privacy in the context of Griswold v. Connecticut. This case laid the foundation for subsequent privacy-related decisions, such as Roe v. Wade (1973), which recognized a woman's constitutional right to choose whether to have an abortion, and Lawrence v. Texas (2003), which struck down sodomy laws as a violation of individual privacy.
Therefore, by carefully analyzing the Constitution and adopting an approach that identifies implied rights, the Supreme Court has acted legitimately in creating and interpreting the right to privacy. The Court's use of case law and the principles it follows help establish a solid legal basis for recognizing and protecting privacy rights.