Comments on: Does the Constitution Contain a Right to Privacy?

By: klg

klg — Fri, 17 Sep 2010 12:23:42 +0000

This is pretty unbelievable, what you're saying. Are you serious?! I came upon this website because I've been arguing with my Republican peers for years that there doesn't have to be a right to privacy in the Constitution in order for us to HAVE a right to privacy, because the Constitution wasn't about WHAT WE CAN DO, but WHAT THE GOVERNMENT CANNOT DO. But in looking for people who understand this concept (it's hard to find these people – most Americans just don't grasp this, EVEN those who supposedly understand the Constitution), I came upon what you're saying here. This sounds really out there, but I'm going to look into it further. It actually sounds pretty scary.

By: Brian McCandliss

Brian McCandliss — Thu, 10 Dec 2009 10:28:09 +0000

"I searched my copy of the Constitution of the United States and I couldn’t find the word privacy anywhere in the document. Does this mean the Senator is right?"
I wonder, did his copy of the Constitution contain a 9th amendment, which states that "The enumeration in this Constitution of certain rights, shall not be construed to deny or disparage others retained by the People?"
And maybe ONE of those rights might be a right to privacy.
Traditionally, the People of the states considered it a basic rigth to be safe from prying eyes and public scrutiny, as well as invasive surveillance by government officials and self-appointed nosy-bodies which today we equate with "Stalinism–" over 100 years before Stalin was even born.

By: Brian McCandliss

Brian McCandliss — Thu, 10 Dec 2009 03:29:21 +0000

The solution, of course, is that neither the federal government, nor the written Constitution– nor indeed even the State governments– are in themselves limiting on ANY government's power; on the contrary, the ruling sovereign is the PEOPLE of the individual state, to construe the Constitution as they deem appropriate.
If the People of the state are not the ruling sovereign, then this defaults to the federal government; for the American population at large, certainly has no sovereign authority to make or overturn federal laws– nor did they ever. On the contrary, power was only DELEGATED to state and federal governments by the People of each individual sovereign state; and they are the final arbiters thereof, with ALL laws being utterly subject to their final discretion, as the supreme ruling sovereigns within the boundaries of their state respectively.

By: Brian McCandliss

Brian McCandliss — Thu, 10 Dec 2009 03:28:50 +0000

Thus, a "strict constructionist" view of the Constitution– ISN'T; i.e. the Constitution was never INTENDED to be limited strictly to its Four Corners in either what the governent could do– nor indeed, in what it COULDN'T… contrary to Lincoln's claim that the federal government was only limited by the "expressly written rights" contained therein; or the various others who claim that the federal government's power is limited TO those things expressly written in the Constitution.

By: Tim

Tim — Sun, 06 Dec 2009 04:33:08 +0000

Your freedoms exist within in your own ability to them and the authority to do those things comes from yourself and not from the constitution. A person's conscience is their own "constitution" the determines what limits that that person can do so the authority over one self is oneself. The government's conscience is the constitution that determines what limits that in can do so the constitution is the authority over the government.

By: Tim

Tim — Wed, 02 Dec 2009 23:44:50 +0000

Its so funny to hear so many people say that the constitution forbids the government from taking away your five rights in the first amendment because that assumes that it can't restrict your behavior in those areas but can in anything outside of those five freedoms. The argument suggest we only have five freedoms so I think if we want to expand our constitutional protections of our freedoms then we have to go back to the enumerated powers clause of the federal constitution since it restricts the laws that can be passed to a few areas therefore not allowing government to restrict our behavior outside those enumerated powers.

By: larry

larry — Wed, 02 Dec 2009 22:27:15 +0000

no it does not. unless you are female

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uberVU - social comments — Tue, 01 Dec 2009 07:14:45 +0000

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By: MichaelBoldin

MichaelBoldin — Tue, 01 Dec 2009 05:47:28 +0000

Well, I can sure agree with you that the bottom line IS the practical reality…..