What Rights Do Americans Have That Are Not Explicitly Stated in the Constitution?
The U.S. Constitution, a masterpiece of laws, enumerates a list of rights and powers for both the federal and state governments. However, it is not always the case that every right is explicitly written down. There are a multitude of unwritten rights that are protected by interpretations from the Supreme Court and state constitutions. This article aims to explore some of these hidden rights and the legal doctrines that protect them.
The Right to Privacy
The cornerstone of many other rights, the right to privacy was established by the Supreme Court decision Griswold v. Connecticut in 1965. This landmark case not only legalized birth control but also paved the way for the recognition of the right to privacy as a constitutional right. The Court found that the right to privacy is a fundamental right inferred from several amendments, including the First, Third, Fourth, and Fifth Amendments, which together form the Ninth Amendment. This means that even when certain rights are not explicitly stated, they are still protected under the Constitution.
The Right to Travel
The right to travel across state lines is another unwritten right that is recognized but not explicitly stated in the Constitution. The Supreme Court has provided guidance on this issue, emphasizing that citizens have the freedom to move to and from any state. The Court's interpretation of the Constitution indicates that the states cannot prevent individuals from entering, exiting, or residing within their borders without clear justification. However, this right is not absolute and states can regulate naturalization and certain other aspects of immigration.
The Right to Make Important Decisions About One's Health Care or Body
The ability to make important healthcare decisions and decisions about one's body is a fundamental right recognized by the Supreme Court. For instance, in Roe v. Wade (1973), the Court recognized the right of women to choose whether to have an abortion. Similarly, the right to refuse medical treatment is also a well-established principle in many states.
State Sovereignty and Unwritten Rights
While the Constitution grants certain powers to the federal government, it also reserves to the states any powers not expressly given to the federal government. This is underscored by the Tenth Amendment. However, the interpretation of this amendment has evolved over time. In many cases, especially involving the 14th Amendment, the Supreme Court has clarified that the Bill of Rights imposes limits on state actions as well. For example, in the case of Twining v. State (1908), the Court held that the Bill of Rights applies only to white citizens of European ancestry against federal action.
SCOTUS Decisions and Unwritten Rights
The Supreme Court's decisions have been pivotal in establishing and recognizing unwritten rights. In Duncan v. Louisiana (1968), the Court ruled that the Sixth Amendment's right to a jury trial applies to state criminal cases, as it does to federal cases. Similarly, in Roberts v. United States Jaycees (1984), the Court held that the First Amendment's right to freedom of association extends to state actors.
Constitutional Interpretation and the Ninth Amendment
The Ninth Amendment is particularly significant in the context of unwritten rights. It explicitly states that the enumeration of certain rights in the Constitution does not deny or disparage other rights that are retained by the people. This clause has been used to argue for the existence of other unwritten rights. For instance, the right to privacy, as established in Griswold v. Connecticut, can be seen as an interpretation of the Ninth Amendment.
State Constitutions and Unwritten Rights
While the federal Constitution is supreme, state constitutions also play a crucial role in protecting rights. State constitutions often provide more specific and extensive protections than the federal Constitution. For example, in Oregon v. Mitchell (1970), the Court held that the federal equal protection clause of the 14th Amendment applies to state governmental acts, ensuring that state laws and policies do not violate constitutional rights.
Conclusion
In conclusion, the U.S. Constitution and the Supreme Court's interpretations thereof grant Americans numerous unwritten rights. These rights, while not explicitly stated, are protected and enforced through constitutional interpretations, state constitutions, and legislative actions. Understanding and recognizing these rights is essential for a comprehensive understanding of American law and society.