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The Right To Privacy By Robert Bork. - Online Term Paper

The Right To Privacy By Robert Bork.

Robert Bork's The Right of Privacy examined the landmark case Griswald v.
Conneticut. Bork's "originalist" view proclaimed that Justice Douglas
erroneously interpreted the right of privacy from the Constitution. The
originalist view is that judges must strictly adhere to the language of the
Constitution, thus people do not have a general right to privacy because it was
never actually written into the Constitution. This view severely restricts
judges in dealing with new issues that our forefathers could not have possibly
envisioned. The inability of "originalist" to deal with modern and future
problems displays a need for Supreme Court judges to be able to interpret laws
from the ...

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to overturn the conviction of two doctors distributing
information on condoms. Bork felt that Douglas's liberal use of penumbras to
create a zone of privacy was an excessive use of judicial power. Bork feels a
judge must follow the Constitution and should not imply anything from the
various ideas in the Constitution. This poses problems when trying to deal with
cases that the Constitution does not specifically mention. For example, without
the ability to interpret some of the various amendments in the constitution it
would be virtually impossible for a judge to decide cases dealing with the on-
line world. Is an on-line service provider similar to a magazine publisher
(Responsible for the information that it disseminates) or like a bookstore (That
is not specifically liable for the information that it disseminates)? These
types of decisions cannot be solved with an "originalist" view, because the
Constitution did not have the foresight to deal with such issues. In this ...

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The Right To Privacy By Robert Bork.. (2006, June 23). Retrieved April 23, 2024, from http://www.essayworld.com/essays/The-Right-To-Privacy-Robert-Bork/48000

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PAPER DETAILS

Added: 6/23/2006 05:04:00 AM
Category: Book Reports
Type: Premium Paper
Words: 875
Pages: 4

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