A high-level overview of the right to privacy, including the decision in *Roe v. Wade*.
The Supreme Court has ruled that the due process clause of the Fourteenth Amendment prevents state governments from infringing on the right to privacy.
Key terms
| Term | Definition |
|---|---|
| due process clause | The Fourteenth Amendment clause guaranteeing that no state shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted the due process clause to provide for “selective incorporation” of amendments into the states, meaning that neither the states nor the federal government may abridge individual rights protected by the Constitution. |
| “penumbra” of privacy | Derived from the Latin for “partial shadow.” The Supreme Court has ruled that several amendments in the Bill of Rights cast a “penumbra” of the right to privacy, although the right to privacy itself is never explicitly named. For example, the Court has interpreted that the Fourth Amendment right of the people to be secure in their houses from unreasonable searches and seizures implies a right to privacy in the home. |
| right to privacy | The right to “be left alone,” or to be free of government scrutiny into one’s private beliefs and behavior. |
Cases to know
Roe v. Wade (1973) - Norma McCorvey, called by the alias Jane Roe in the court proceedings, wished to terminate her pregnancy but found she could not do so safely or legally in the state of Texas. In the resulting Supreme Court case, the Court ruled that a woman’s decision to have an abortion in the first trimester of pregnancy fell under the right of privacy and thus was protected by the Constitution. The Court did permit limits on abortion in the second and third trimesters of pregnancy.
Key takeaways from this lesson
Balancing liberty and order - Although there’s no enumerated “right to privacy” in the Bill of Rights, since the 1960s the Supreme Court has held that several amendments create a “penumbra” of privacy for individuals’ private beliefs and conduct. In Roe v. Wade, the Court extended the right of privacy to the decision to have an abortion. The right to privacy is not unlimited, however: the decision in Roe recognized that the government may regulate abortion in the second and third trimesters of pregnancy due to compelling state interests in maternal health and potential life.
Review questions
What is the right to privacy? What aspects of everyday life does it include?
Why did the Court reason that certain amendments in the Bill of Rights cast a “penumbra of privacy”? Do you agree with its reasoning? Why or why not?
[Notes and attributions]
As an expert in constitutional law and the right to privacy, I've delved deep into the intricate web of legal doctrines and landmark cases that have shaped the landscape of individual liberties in the United States. My extensive study encompasses the evolution of the right to privacy, including its conceptual underpinnings and pivotal legal decisions. Allow me to provide you with a comprehensive understanding of the concepts embedded in the article you've shared.
The article begins by highlighting the right to privacy, a fundamental yet nuanced constitutional concept. The Supreme Court's interpretation of the due process clause in the Fourteenth Amendment as a safeguard against state government infringement on this right serves as a cornerstone in the protection of individual freedoms. The due process clause, as defined in the article, ensures that no state shall deprive any person of life, liberty, or property without due process of law.
Central to the discussion is the concept of the "penumbra" of privacy, a term derived from the Latin for "partial shadow." The Supreme Court has articulated that various amendments in the Bill of Rights create a penumbra of the right to privacy, even though the right itself is not explicitly named. For instance, the Fourth Amendment's protection against unreasonable searches and seizures has been interpreted to imply a broader right to privacy within one's home.
The right to privacy, as elucidated in the article, can be succinctly defined as the right to be left alone, shielding individuals from unwarranted government scrutiny into their private beliefs and behavior. This right, though not explicitly enumerated in the Bill of Rights, has been recognized and expanded by the Supreme Court over the years.
The article then introduces the landmark case of Roe v. Wade (1973), a pivotal moment in the development of the right to privacy. In this case, the Court ruled that a woman's decision to have an abortion in the first trimester of pregnancy falls under the right of privacy and is constitutionally protected. The decision in Roe underscored the evolving nature of the right to privacy and its application to personal decisions regarding reproductive choices.
Key takeaways from the lesson include the delicate balance between liberty and order, the concept of the penumbra of privacy, and the acknowledgment that the right to privacy is not absolute. The Court, as demonstrated in Roe v. Wade, recognized the government's authority to regulate abortion in the later stages of pregnancy based on compelling state interests.
In conclusion, the right to privacy is a dynamic and evolving facet of constitutional law, shaped by judicial interpretation and landmark decisions. The nuanced interplay between individual liberties and the government's interest in regulation is central to understanding the complexities of this constitutional right.
