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Posted: February 11th, 2022
Assignment
Comparing the several versions of the Amendments to the Constitution proposal in 1789, there is a provision of the drafts that I believe should have been included in the final draft of the bill of rights. This draft is the pre-Preamble. As such, the initial proposal was that the Constitution have a prefixed declaration that all the power originates from the people, that the government is established and should be exercised for the citizens’ benefit; which leads to gratification of freedom and life, with the right of obtaining and utilizing property, and generally seeking and obtaining safety and happiness, and that the people have the right to change or reform their government whenever necessary especially when it did not fulfill its purposes (Cogan, 2015). This provision would have buried the famous clause “We the People.”I believe that this draft should have remained because it puts emphasis on the power of the people in a clearer way and highlights their right to remove their government from power when they feel that it is not serving them as it should.
In my opinion, the right to privacy is implicit in several of the Amendments that make up the Bill of rights as demonstrated by the Supreme Court cases and the law review article I read. Therefore, the right to privacy is demonstrated in the following Amendments: the 1st Amendment that safeguards the privacy of beliefs, the 4th Amendment that safeguards the privacy against searches that are unreasonable, the 5th Amendment that safeguards people against incriminating themselves, which then safeguards the privacy of individual information, and the 9th Amendment that stipulates that certain rights shall not be denied to people etc.
Reference
Cogan, N. H. (2015). The complete Bill of Rights: The drafts, debates, sources, and origins. Oxford University Press.
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