Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: gdani
The right to privacy encompasses a lot more than just property. As well, "due process" mandates a process, but not necessarily a fair one. (I can send you some old Con Law textbooks, if you like)

Save the textbooks. What right to privacy do you have outside of your own property? What constitutional right? I remember someone who was masturbating in a public restroom complaining at the trial that his right to privacy had been infringed. What right?

The right to privacy isn't even guaranteed in the Bible. But the right to property is. That's the foundation.

As to the difference between due process and "fair due process" - that sounds like someone trying to create an issue. "Due" means "due" means according to law. And our laws mandate a fair trial.

Shalom.

28 posted on 03/14/2002 7:21:31 AM PST by ArGee
[ Post Reply | Private Reply | To 26 | View Replies ]


To: ArGee
What right to privacy do you have outside of your own property? What constitutional right?

Uh, that's my point. You won't find "right to privacy" in the Bill of Rights.

However, the legal understanding right to privacy does encompass more than mere property. The right to read books or view TV shows of your liking could be considered one. The right to keep your financial information private from prying government eyes. The right to innocently drive down the highway without being stopped at a ridiculous police checkpoint. The right to not have your e-mails read by the FBI's Carnivore system or your international phone calls tapped by Echelon. The right to attend the Super Bowl without having your face "scanned" by police.

Some of these tie in with First and Fourth Amendment rights. But any lawsuit that would challenge such practices do/would also charge a violation of the "right to privacy" - although, granted, such claims are not always successful.

Oh, and by the way, our legal system is not based on the Bible unless you believe that people should be put to death for adultery, that it should be illegal to approach a woman in a state of menstrual uncleanliness or eat shellfish, etc, etc

32 posted on 03/14/2002 7:38:32 AM PST by gdani
[ Post Reply | Private Reply | To 28 | View Replies ]

To: ArGee
well said... property rights has been a concept since the time of Locke. "privacy" as a right??? very modern - 1960s. Our true natural rights have been described as the right to life, liberty and the pursuit of happiness. Abortion falls under none of the above.

Bravo to Scalia for standing up for common sense Constitutional interpretation.

188 posted on 03/16/2002 9:43:10 AM PST by WOSG
[ Post Reply | Private Reply | To 28 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson