"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.
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.
KF1262 .H44 2016
Cham, Switzerland : Palgrave Macmillan,