. Essay, Research Paper
The Right to Privacy by Robert Bork.
Robert Bork’s The Right of Privacy examined the landmark case Griswald v.
Conneticut. Bork’s “originalist” view proclaimed that Justice Douglas
erroneously interpreted the right of privacy from the Constitution. The
originalist view is that judges must strictly adhere to the language of the
Constitution, thus people do not have a general right to privacy because it was
never actually written into the Constitution. This view severely restricts
judges in dealing with new issues that our forefathers could not have possibly
envisioned. The inability of “originalist” to deal with modern and future
problems displays a need for Supreme Court judges to be able to interpret laws
from the Constitution.Without this ability it would be doubtful if people
today could claim a general right to privacy.
The Griswald case involved a bizarre law that forbade the use of condoms in the
hope that it would prevent adulterous affairs. This deduction is as absurd as
banning all sales of chocolate in order to prevent obesity.
Robert Bork admitted that this law did not make sense, especially in the ability
of government officials to enforce the law. Yet, Bork disagreed with the method
used by Justice Douglas to overturn the conviction of two doctors distributing
information on condoms. Bork felt that Douglas’s liberal use of penumbras to
create a zone of privacy was an excessive use of judicial power. Bork feels a
judge must follow the Constitution and should not imply anything from the
various ideas in the Constitution. This poses problems when trying to deal with
cases that the Constitution does not specifically mention. For example, without
the ability to interpret some of the various amendments in the constitution it
would be virtually impossible for a judge to decide cases dealing with the on-
line world. Is an on-line service provider similar to a magazine publisher
(Responsible for the information that it disseminates) or like a bookstore (That
is not specifically liable for the information that it disseminates)? These
types of decisions cannot be solved with an “originalist” view, because the
Constitution did not have the foresight to deal with such issues. In this same
manner Justice Douglas implements penumbras to arrive at a general right of
privacy that is not explicitly written into the Constitution. These penumbras
are all valid within the spirit of the Constitution and does not go against
anything specifically forbidden in the document. Thus, the justification of
Justice Douglas to create a zone of privacy is legitimate and the old archaic
Griswald laws is forever vanquished into the history books. Justice Douglas
writes;
“Various guarantees create zones of privacy. The right of association contained
in the penumbra of the First Amendment?The Third Amendment in its prohibition
against the quartering of soldiers?The Fourth Amendment explicitly affirms ‘the
right of the people to be secure in their persons, houses, papers, effects,
against unreasonable searches and seizures’?The Fifth Amendment in its Self
Incrimination Clause?The Ninth Amendment provides: ‘The Enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.” (Pg.124)
Bork also complained that Justice Douglas was being quite the alarmist by
implying that the Griswald case would never be enforced. “There was, of course,
no prospect that it ever would be enforced.” (Pg. 133) It is not very assuring
to my own peace of mind, when one defends an offensive law by stating that it’s
never going to be used. It only takes one ambitious politician to selectively
enforce these laws for their own prejudice or gain. Bork complained that Douglas
imagined “horrible events?that never happened, never will, and could be stopped
by the courts if they ever seemed about to happen.” (Pg. 134) It should have
dawned upon Mr. Bork that Justice Douglas and his colleagues was precisely the
court that would stop those horrible events from ever happening.
The “originalist” philosophy is admirable in its use of such a strict discipline
in interpreting the Constitution, yet the ultimate lack of flexibility in
addressing modern problems in the Constitution is far to binding. The role of
judges is ultimately based upon arbitrating what is right or wrong from the laws
themselves, but when a problem arises that is not addressed within the
laws/Constitution, then judges must be able to imply decisions based on the
general spirit of the original document. Basically, if the Constitution does not
specifically prohibit a right, and most amendments concur with that right, then
it is permissible for judges to create rights like privacy. It would be most
problematic if we had a strict “originalist” judicial history because blacks
would be only 3/5 of a person, women would never have been enfranchised, and the
Senate would still be chosen by the House of Legislature.
The Supreme Court (consisting of the most learned and able legal experts in the
country) should have the ability to interpret certain aspects of the
Constitution in order to prevent the Constitution from becoming a dated,
historical document. Problems will continue to rise that the fathers of this
country could not have possibly envisioned. Robert Bork’s “originalist” view is
far too restrictive in practice to allow the Constitution to be as vital today
as it was 200 years ago.
34f
Другие работы по теме:
Log Shipping Essay Research Paper The concept
Log Shipping Essay, Research Paper The concept of standby servers is not a new one. It has been around a long time and been used by many DBAs. Traditionally, using a standby server for failover has involved manually making database and log backups on the production server and then restoring them to the standby server on a regular basis.
Lines 117124 In Cathedral Essay Research Paper
In lines 117-124 in Raymond Carver s Cathedral Robert and Bub are drawing a cathedral. This passage is found at the end of the story and it details Bub s spiritual revelation. Bub s salvation and ascension comes through the interaction with Robert while drawing the cathedral. This is an enlightening experience for Bub.
Awakening Essay Research Paper When Edna swam
Awakening Essay, Research Paper When Edna swam out into the ocean at the end of The Awakening, I think it was because she realized her situation. She was madly in love with Robert and she was married. Her husband, Leonce, was much too proper and business-like to please her childish spirit. However, in the end, she understood she could not be with Robert.
Privacy In The Information Age Essay Research
Paper Privacy in the Information Age: I N T R O D U C T I O N ———————————————————————— The world is changing rapidly. There used to be a time when we could be confident that no one could learn too much about our personal lives. There used to be a time when information was merely a way of keeping records. That time is gone and with it went a large amount of what we might call our personal privacy.
Internet Privacy Essay Research Paper A new
Internet Privacy Essay, Research Paper A new report was written on the privacy issue of consumer reports to large companies. This is an issue which has been debated for some time and has been the subject for many parliamentary bills. Consumers, in exchange for their shopping statistical information, are rewarded.
Cyber Porn And Internet Privac Essay Research
Paper Cyber Porn and Internet Privacy Two computer ethic controversies There are many controversial questions about computer issues today but there are many debates with cyber porn and internet privacy. The Internet is accessed by millions of people everyday, especially children. Cyber porn is all over the Internet and can be accessed by anyone from anywhere whether in school, home, or on the job.
Robert E Lee Essay Research Paper A
Robert E. Lee Essay, Research Paper A Southern Hero It all started on January 19, 1807. A little baby boy was born, not yeet know to be a hero. Young Robert admired two wonderful soldiers, George Washington and his very own father, Henry Lee. Robert was born on January 19th to Henry and Anne Carter Lee, in Westmoreland County, Virginia.
Robert Francis Waxwings Essay Research Paper Waxwings
Robert Francis- Waxwings Essay, Research Paper Waxwings: Robert Francis The overall theme of Robert Francis Waxwings is the belief of Taoism. This idea obviously is stated in the first line of the first stanza and then subtly throughout the rest of the poem. The title of the poem can also present a hint of Taoism.
Invasion Of Privacy Essay Research Paper Invasion
Invasion Of Privacy Essay, Research Paper Invasion of Privacy Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Internet Privacy Essay Research Paper Introduction I
Internet Privacy Essay, Research Paper Introduction:- I have been using internet for the past five years. I have heard quite a lot about Credit Card Fraud’s,Internet Privacy,etc but i never really thought it was true. I thought it was just some bunch of amateur’s who didn’t really knew how to use the internet.
The Contemporary Debate Over Constitutional Interpretation Essay
, Research Paper The debate over the role of the judiciary in the government has been going on for a long time. Some say that the Supreme Court has overstepped the boundaries that it is to operate by, while others believe that much of the Constitution was written in such a way that it needs to be interpreted according to the situations that have arisen in today’s society.
Robert Cormier Essay Research Paper Robert CormierRobert
Robert Cormier Essay, Research Paper Robert Cormier Robert Cormier was born on January 17, 1925, in Leominster, Massachusetts and has lived there for most of his life. He is the second of eight children in his family. When he was in elementary school his seventh-grade teacher read one of his poems and told him that it was very good and he could be a writer.
Cookies Invading Our Privacy Essay Research Paper
Cookies now constitute a real threat to personal privacy, but they are perfectly legal. A cookie is a tiny file that a Web sites place on the user’s hard drive when the user accesses the web page. Each cookie has a specific identification number. The cookie can gather personal information such as email addresses, full names, mailing addresses, and phone numbers, and then it sends the information back to the web site (Samborn 26).
Are Americans Obsessed With Celebrities Essay Research
Paper Are Americans Obsessed with Celebrities? Looking at both sides of the subject, I would probably agree that, we are as Americans are obsessed with celebrities. If you are attracted to a celebrity, who many of us do have someone that we try to be like, we will go to extremes in mimicking that celebrity.
Papparizzi Rights Essay Research Paper Does the
Papparizzi Rights Essay, Research Paper Does the Paparazzi threaten First Amendment Rights and Privacy? The question of paparazzi threatening privacy and First Amendment rights is often to situational to argue in a conventional manner, but certainly there are many facets of the issue which can be addressed in a quite straightforward manner.
Privacy Essay Research Paper A person has
Privacy Essay, Research Paper A person has a right to solitude and freedom from prying public eyes, in other words, to privacy. The definition of privacy in the Webster’s Dictionary is defined as
The Wars Robert
’s Struggle Essay, Research Paper In the book The Wars, by Timothy Findley, asserting maleness is a big deal. Men aren’t supposed to do what is feminine. Through the many incidents in the novel, maleness is most emphasized on, reason being of the war in the novel, all these men have to act like “tough guys” because their sensitivity will be discriminated.
Supreme Court Row V Wade Essay Research
Paper Supreme Court Row v Wade Roe v. Wade I believe that it is outrages that the states could turn a matter of personal liberties and privacy into a tool used to promote itself as a non-federal government dominated body. By refusing a woman to have the right to terminate a pregnancy, the state abridges that woman’s right to privacy, which is supported by the constitution in more then one Amendment such as the first, the fourth, the fifth, the ninth, and of course the famous fourteenth.
Child Development Essay Research Paper In a
Child Development Essay, Research Paper In a typical four year old child, many social developments can be viewed. Four year old children are more independent of adults, but yet they seem to want attention from them, as well as peers. They begin to ask permission and they find that the like to have an adult nearby.
Privacy And The Web Essay Research Paper
As the twenty first century dawns, advances in technology endanger our privacy in ways never before imagined. Each time you use the ATM, visit the doctor, use a credit card, chat on the Internet, or make a phone call, you are leaving electronic fingerprints for all who want to peer into your private life. Nearly every quantifiable aspect of a person?s life finds it way into a data bank somewhere.
Technology Vs Privacy Essay Research Paper In
Technology Vs. Privacy Essay, Research Paper In a society where technology is rapidly growing, controversy over our privacy rights has also cultivated. With the popularity of the Internet, cell phones, ATM and credit cards it is evident that Americans enjoy the convenience that has come along with technology.
Privacy And Personal Security On The Net
Essay, Research Paper Privacy and security are two things that are hard to find on the Internet today. Many debates have risen concerning the personal aspects of the Internet. Should you have privacy on the Internet? Or should companies have the privilege to gather information about you? I believe that your privacy and personal security should be top priority on the Internet.
Dorm Rooms Essay Research Paper Dorm RoomsI
Dorm Rooms Essay, Research Paper Dorm Rooms I had lived with my parents for twenty years when I decided to move into the dorms at Western Oklahoma State College. There are three major differences between living at home and living in a dorm room. The differences are in privacy, living space, and meals. One thing that I really miss about living at home is the home cooked meals.
Privacy Essay Research Paper As laws policies
Privacy Essay, Research Paper As laws, policies, and technological design increasingly structure people’s relationships with social institutions, individual privacy faces new threats and new opportunities. Over the last several years, the realm of technology and privacy has been transformed, creating a landscape that is both dangerous and encouraging.
The Cause Of Being Unhappy Essay Research
Paper People sometimes become unhappy. Although I spend pleasant time with my host family and friends, I also have something that makes angry, disappoint, and sad. There are three major causes which make people unhappy; the violation of their privacy, failure, and sickness.
Privacy And The Internet Essay Research Paper
Privacy and the Internet Robert Wright wrote an essay featured in Time Magazine on October 19, 1998. The essay was called Sin in the Global Village and it focuses on personal privacy in cyberspace.
Computer Privacy Essay Research Paper Today a
Computer Privacy Essay, Research Paper Today a profound shift in the privacy equation is under way. Technology brings enormous efficiency to the collection, sorting and distribution of personal information. This efficiency has revolutionized countless organizations but it has also increased opportunities for snooping.
Computer Privacy Essay Research Paper Computer PrivacyIn
Computer Privacy Essay, Research Paper Computer Privacy In the information technology world today there is a problem that can ruin a company. Bad publicity and finger pointing usually precede the problem. After this the federal government steps in and regulates things. The problem I am referring to is computer privacy.
Robert Bunsen Essay Research Paper Robert Wilhelm
Robert Bunsen Essay, Research Paper Robert Wilhelm Bunsen s name was famous for a a few discoveries in the field of chemistry. For example you might recognize Bunsen from the lab device, the Bunsen Burner . He also helped invent the spectroscope and discovered spectrum analysis. And at the beginning of his career, he discovered that iron oxide is an antidote for arsenic.
Road Not Taken Essay Research Paper Robert
Road Not Taken Essay, Research Paper Robert Frost The Road Not Taken The poem “The Road Not Taken” by Robert Frost is about the choices that one makes in life. It tells about a man who comes to a fork in the road he traveling upon, he feel
Right To Privacy Essay Research Paper Right
Right To Privacy Essay, Research Paper Right to Privacy The right to privacy has become a very heated issue in recent years and it concerns the lives of many people around the world. Constitutionally speaking, citizens within the United States are not protected against having their picture taken, no matter where they are, and they are also not guarded against being interviewed.
The Right To Privacy Essay Research Paper
The word “privacy” does not appear in the U.S. Constitution, though a number of Supreme Court opinions have held that the Fourth, Fifth, Ninth, and Fourteenth Amendments offer some constitutional backing for a right “to” (as opposed to an enumerated right “of”) privacy. This right has been applied to cases involving privacy versus law enforcement, voyeurs, freedom of the press, the release of personal information, and personal choices.
Privacy Essay Essay Research Paper Privacy is
Privacy Essay Essay, Research Paper Privacy is the right to be let alone to do what you want in secret. All across our nation privacy is being exploited by companies, hardened criminals and drug users. They use or invade privacy for their own personal gain. We need to change our view of privacy when considering a recidivist criminal to make it easier for them to be prosecuted again.