Constitutional Amendment: The Right to Privacy

Paper Summary:

This paper discusses how in 1947 Justice Frankfurter remarked that individuals were entitled to fundamental rights guaranteed in the Constitution. However Frankfurter concluded that he could not determine exactly what rights would be considered fundamental because there was no direction provided by the framers. The paper further discusses how 1965, Justice Stewart searched through the constitution for any indication that a right to privacy was evident. He found none. Stewart had intended to apply this right to a case that dealt with contraceptive laws that had been passed in Connecticut. However, failing in this mission, Stewart stated that the Bill of Rights offered guarantees to citizens and that within those guarantees there had to be a "zone of privacy" that was intended by the founders. Therefore, it would appear time to create an amendment allowing for the right to privacy for American citizens.

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