Constitutional Law 101 - Right to be Secure in Self, Family and Home - [4th Ammedment]

IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause supported by Oath or affirmation, and particulary describing the place to be searched, and the persons or things to be seized.

  1. Right to privacy(4th)

  2. Freedom from unreasonable searches and seizures(4th)

  3. Right to marry and divorce

  4. Loving v. Virginia, 388 U.S. 1 (1967) (for everyone)
    Turner v. Safley, 482 U.S. 78 (1987) (for prisoners)
  5. Right to procreate

  6. Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (1942)
  7. Right to establish a home and bring up children

  8. Troxel v. Granville, 530 U.S. 57 (2000) (we held that the "liberty" protected by the Due Process Clause includes the right of parents to "establish a home and bring up children" and "to control the education of their own." )
    Meyer v. Nebraska, 262 U.S. 390, 399, 401 (1923) (establish a home and bring up children)
    Pierce v. Society of Sisters, 268 U.S. 510, 534-535 (1925) (held that the "liberty of parents and guardians" includes the right "to direct the upbringing and education of children under their control.")
  9. Right to make decisions about the care, custody, and upbringing of ones children

  10. Stanley v. Illinois, 405 U.S. 645, 651 (1972) ("It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children `come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements'" (citation omitted));
    Wisconsin v. Yoder, 406 U.S. 205, 232 (1972) ("The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition");
    Quilloin v. Walcott, 434 U.S. 246, 255 (1978) ("We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected");
    Parham v. J. R., 442 U.S. 584, 602 (1979) ("Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course");
    Santosky v. Kramer, 455 U.S. 745, 753 (1982) (discussing "[t]he fundamental liberty interest of natural parents in the care, custody, and management of their child");
    Washington v. Glucksberg, 521 U.S. 702, at 720 (1997) ("In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the `liberty' specially protected by the Due Process Clause includes the righ[t] . . . to direct the education and upbringing of one's children" (citing Meyer and Pierce))
    Troxel v. Granville, 530 U.S. 57 (2000)
  11. Right to use contraceptives

  12. Griswold v. Connecticut, 381 U.S. 479 (1965)
    Eisenstadt v. Baird, 405 U.S. 438 (1972)
  13. Right to contract

  14. Constitution, Art. 1, Section 10 (in relation to states) 42 U.S.C. Sec. 1981(b)

    Sinking Fund Cases, 99 U.S. 700 (1878) (in relation to federal government)
    Standard Oil v. U.S., 221 U.S. 1 (1910). (noting "the freedom of the individual right to contract when not unduly or improperly exercised [is] the most efficient means for the prevention of monopoly")

    Note: An important point to remember is this: Not only do you have the right to enter into contracts, but also the right NOT to enter into any contracts.

    I say unto you, that whatsoever you seal on earth shall be sealed in heaven -- (For better or For Worse!)

  15. Right to send children to private school

  16. Pierce v. Society of Sisters, 268 U.S. 510 (1925)
  17. Spousal privilege against incrimination of spouse

  18. Trammel v. United States, 445 U.S. 40 at 51, 100 S.Ct. at 913 (1980)
  19. Right to enjoy property

  20. 42 U.S.C. §1981(a) Fourteenth Amendment U.S. Constitution, Article IV,Section 2
    Lynch v. Household Finance Corp., 405 U.S. 538 (1972)
  21. Right of equal protection

  22. 42 U.S.C. §1981(a) Fourteenth Amendment U.S. Constitution, Article IV, Section 2
    Gulf, C. & S. F. R. Co. v. Ellis, 165 U.S. 150 (1897)
  23. Right to not be subjected to involuntary servitude or slavery

  24. Washington v. Harper, 494 U.S. 210 (1990)
    Riggins v. Nevada, 504 U.S. 127 (1992)
    Sell v. United States, 539 U.S. 166 (2003)
  25. Right to refusal of artificial provision of life-sustaining food and water to hastening one's own death.

  26. Cruzan v. Director, MDH, 497 U.S. 261 (1990)
  27. Right to make decisions that will affect ones own or ones familys destiny

  28. Fitzgerald v. Porter Memorial Hospital, 523 F.2d 716, 719-720 (CA7 1975) (footnotes omitted), cert. denied, 425 U.S. 916 (1976)
  29. Right to not be sterilized as a felon

  30. Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 541 (1942) (invalidating a statute authorizing sterilization of certain felons).
  31. Right of inviolability of the person

  32. Union Pacific R. Co. v. Botsford, 141 U.S. 250, 251-252 (1891) ("The inviolability of the person" has been held as "sacred" and "carefully guarded" as any common law right.)
    Downer v. Veilleux, 322 A.2d 82, 91 (Me.1974) ("The rationale of this rule lies in the fact that every competent adult has the right to forego treatment, or even cure, if it entails what for him are intolerable consequences or risks, however unwise his sense of values may be to others")
    Cruzan v. Director, MDH, 497 U.S. 261 (1990)

    Note: Have you read my illustration of a gang in my INTRO article? You have the right of the "attribute of being secured against violation. Safe from trespass or assault." (Blacks Law 5th Ed. pg. 741 )

Research perfomed from 'without the United States'. [ 28 U.S. Code Sec. 1746 ]




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