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To: liberty_lvr
And you know, after all that, I have yet to find that elusive article, that single amendment, that one guaranteed "right to privacy" that so many claim resides somewhere in these documents. So could you help me out and tell me exactly where I find this right to privacy? I would really like to know; and please be specific.

I'll let Chief Justice Roberts explain.

Specter: Judge Roberts, do you believe today that the right to privacy does exist in the Constitution?

Roberts: Senator, I do. The right to privacy is protected under the Constitution in various ways.

It's protected by the Fourth Amendment which provides that the right of people to be secure in their persons, houses, effects and papers is protected.

It's protected under the First Amendment dealing with prohibition on establishment of a religion and guarantee of free exercise.

It protects privacy in matters of conscience.

It was protected by the framers in areas that were of particular concern to them. It may not seem so significant today: the Third Amendment, protecting their homes against the quartering of troops.

And in addition, the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the due process clause.

The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well.

And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution.

John Roberts Confirmation Hearing ...

91 posted on 05/12/2006 8:44:32 AM PDT by KDD (A wink is as good as a nod to a blind horse.)
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To: KDD

Now let's ask Judge Roberts, "is this an unlimited right?"


92 posted on 05/12/2006 8:46:12 AM PDT by zook
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