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In America, the 'Bill of Rights" does not include the right to privacy.
In the 49th State of this country known as Alaska, there exists a sovereign Constitution and Bill of Rights that has precidence and nullifies the US Constitution and Bill of Rights but includes the right to privacy.
Most Americans would be surprised to learn that there is no
right to privacy granted in the United States Constitution. The
Fourth Amendment protects privacy in limiting police searches and
arrests,' but privacy in terms of autonomy and the right to be let
alone by the government is not mentioned in the text of the Constitution.
Unfortunately, the first United States Supreme Court decision to speak
expressly of privacy, in the sense of personal autonomy, has a shaky foundation.
In Griswold v. Connecticut. the Supreme Court declared unconstitutional a state law prohibiting the
use of contraceptives.' Justice Douglas, writing for the Court,
found the right to privacy in the "penumbra(1)" of the First, Third,
Fourth, and Fifth Amendments.' As one commentator described
it, Justice Douglas "skipped through the Bill of Rights like a
cheerleader - 'Give me a P ... give me an R ... an I ... ,' and so on,
and found P-R-I-V-A-C-Y as a derivative or penumbral right."
In sharp contrast, the Alaska Constitution expressly safe-
guards privacy rights. Article I, section 22 states that the "right of
the people to privacy is recognized and shall not be infringed."
Similarly, article I, section 1 of the Alaska Constitution provides
that "all persons have a natural right to life, liberty, [and] the pursuit of happiness.'" The Supreme
Court of Alaska furthered this
concept when it stated that "at the core of this concept [of liberty]
is the notion of total personal immunity from governmental control: the right 'to be let alone.(2)
It reads exactly as follows, I stopped at 1.22 because I wanted to keep it brief:
Alaska Constitution
Section 1.14 - Searches and Seizures.
The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Section 1.19 - Right to Keep and Bear Arms.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State.
Section 1.2 - Source of Government.
All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole.
Section 1.22 - Right of Privacy.
The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section. [Approved August 22, 1972]
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Author
Topic: Privacy no longer a right. (Read 3168 times)
