San Diego State University Constitutional Right to Privacy Discussion and Response
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Watch the video titled “Right to Privacy” with Antonin Scalia:
1. There is great debate over whether the Constitution includes a general right to privacy, as first recognized by the Federal Supreme Court in Griswold v. Connecticut. Do you agree with Justice Douglas? Or do you agree with Justice Goldberg? Support your opinion.
2. Then respond to the arguments made by Justice Scalia in the video. Is his opinion closer to that of Justice Douglas or Justice Goldberg?
Justice Scalia says there is no “generalized right to privacy” in the Federal Constitution. And anything not included in the Constitution is left to the states and to democratic choice. His point is that when the Supreme Court found this “right to privacy” that isn’t enumerated in the Constitution at all, the Supreme Court took away the rights of the states and the people to have democratic choice. This is exactly why Roe v. .Wade was recently overturned. It has NOTHING to do with abortion. It’s not about taking abortion rights away. It’s about giving the right to make the decision about whether abortion should be legal to the states and the people. It’s important not to get distracted by the news and the uproar about abortion. This is not about abortion, it’s about the separation of powers. If the Supreme Court can claim that the Constitution says something that it doesn’t, then they are taking away the power of the legislature and the people.
3. Now, tell us your opinion. Is there a right to privacy in the Constitution? Do you agree with the Court’s decision in Griswold or not? Do you think the court was correct in overturning Roe v. Wade?
