Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Tuesday, October 13, 2009

List of "Fundamental Rights" recognized by Federal Courts

* Right to keep and bear arms
* Right to freedom of movement within the country
* Right to property
* Right to marry the person of any race (not gender) of one's choosing
* Right to procreate irrespective of marital status or other classifications
* Right to freedom of association
* Right to freedom of speech
* Right to equal protection under the law
* Right to freedom of thought
* Right to vote in general election
* Right to freedom of contract by parties with proportional bargaining power
* Right to privacy

Source: Wikipedia

1 comment:

  1. "The 1st, 4th, and 5th Amendments to the U.S. Constitution have been utilized to varying degrees of success to protect privacy in these gray areas of activity(the freedom of individuals to choose whether or not to perform certain acts or subject themselves to certain experiences). The court's preference for a case-by-case approach to the right of privacy in as much as it protects personal autonomy, combined with ever-changing public opinion on the status of various relationships and activities, makes a succinct statement about the boundaries of the right of privacy nearly impossible."

    law.cornell.edu

    This interpretation of the history and jurisprudence of right to privacy seems to leave a lot of room for either more liberal interpretations, or a more restrictive approach to privacy. I believe that this issue should, and will ultimately be decided in the legislature. The history of this issue proves that current legislation and caselaw leaves too much room for uncertainty.

    Is a women's choice to have an abortion a protected right under the Constitution?

    Is an adults choice to have sex with whoever they want, regardless of gender, a fundamental right protected by the Constitution?

    Obviously, there is no explicit protection given to these circumstances, which is why I believe the legislature will have to confront these issues in the form of legislation.

    ReplyDelete

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