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438 bytes added ,  06:34, August 12, 2009
Bork
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:"Senator, I do. The right to privacy is protected under the Constitution in various ways. It's protected by the [[Fourth Amendment]] which provides that the right of people to be secure in their persons, houses, effects and papers is protected. It's protected under the [[First Amendment]] dealing with prohibition on establishment of a religion and guarantee of free exercise. It protects privacy in matters of conscience. It was protected by the framers in areas that were of particular concern to them. It may not seem so significant today: the Third Amendment, protecting their homes against the quartering of troops. And in addition, the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the due process clause. The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well. And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution."
 
:"Senator, I do. The right to privacy is protected under the Constitution in various ways. It's protected by the [[Fourth Amendment]] which provides that the right of people to be secure in their persons, houses, effects and papers is protected. It's protected under the [[First Amendment]] dealing with prohibition on establishment of a religion and guarantee of free exercise. It protects privacy in matters of conscience. It was protected by the framers in areas that were of particular concern to them. It may not seem so significant today: the Third Amendment, protecting their homes against the quartering of troops. And in addition, the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the due process clause. The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well. And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution."
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==Criticism==
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Conservative [[Robert Bork]] argued that ''Griswold'' did not derive the right to privacy from some pre-existing right or from natural law, but merely created a new right to privacy with no foundation in the Constitution or Bill of Rights.<ref> See Robert Bork, ''The Tempting of America: The Political Seduction of the Law'' (1990)</ref> Roberts reply is that the right is indeed grounded in the [[Fourteenth Amendment]].
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==Further reading==
 
==Further reading==
 
* Johnson, John W. ''Griswold V. Connecticut: Birth Control And The Constitutional Right Of Privacy'' (2005) [http://www.amazon.com/Griswold-V-Connecticut-Constitutional-Landmark/dp/0700613781 excerpt and text search]
 
* Johnson, John W. ''Griswold V. Connecticut: Birth Control And The Constitutional Right Of Privacy'' (2005) [http://www.amazon.com/Griswold-V-Connecticut-Constitutional-Landmark/dp/0700613781 excerpt and text search]
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