Full Description
The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.
This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.
Contents
Preface Introduction The Foundations of Constitutional Privacy The Historical Foundation: From Hittites to Puritans The Philosophical Foundation: From Natural Law to Natural Rights The Constitutional Foundation: From Natural Rights to Substantive Due Process The Common Law Foundation: Creating the Right to Privacy Constitutional Privacy Creating Constitutional Privacy Sex and Marriage Life and Death Mind and Body Beyond Constitutional Privacy Who Owns History? State Constitutional Privacy Conclusion Appendix Index
