Privacy and the American Constitution : new rights through interpretation of an old text / William C. Heffernan.
2016
KF1262 .H44 2016 (Mapit)
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Title
Privacy and the American Constitution : new rights through interpretation of an old text / William C. Heffernan.
Imprint
Cham, Switzerland : Palgrave Macmillan, [2016]
Copyright
©2016.
Description
ix, 348 pages ; 22 cm
Formatted Contents Note
Constitutional afterthoughts
Right to wear a hat : and other afterthoughts
Developmental supplementation
From property to privacy : the eighteenth century background
Emergence of privacy norms in nineteenth century America
Nineteenth century court reads the eighteenth century text
From thoughts and beliefs to emotions and sensations : Brandeis on the right to be let alone
Exercise in supplementation that failed : the rise and fall of freedom of contract
Ambitious supplementation : Griswold on penumbral emanations from the Bill of Rights
Unobtrusive supplementation : Katz, Whalen, and the new era of informational privacy
Informational privacy imperiled : protecting core elements of personal control while insuring public safety
Reappraising the constitutional past : rights of personal autonomy
Appendix A. Privacy in the Supreme Court : a complete listing of references to the term in the first 175 years of United States Reports
Appendix B. Privacy and the Fourth Amendment exclusionary rule.
Right to wear a hat : and other afterthoughts
Developmental supplementation
From property to privacy : the eighteenth century background
Emergence of privacy norms in nineteenth century America
Nineteenth century court reads the eighteenth century text
From thoughts and beliefs to emotions and sensations : Brandeis on the right to be let alone
Exercise in supplementation that failed : the rise and fall of freedom of contract
Ambitious supplementation : Griswold on penumbral emanations from the Bill of Rights
Unobtrusive supplementation : Katz, Whalen, and the new era of informational privacy
Informational privacy imperiled : protecting core elements of personal control while insuring public safety
Reappraising the constitutional past : rights of personal autonomy
Appendix A. Privacy in the Supreme Court : a complete listing of references to the term in the first 175 years of United States Reports
Appendix B. Privacy and the Fourth Amendment exclusionary rule.
Summary
"This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion"--Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KF1262 .H44 2016
Language
English
ISBN
9783319431345
331943134X
331943134X
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