The Fourth Amendment, the Basis for Our Right to Privacy

The New Nation
Written By Tom Hand

It is hard to imagine any place more sacred to each of us than our home. We take for granted a natural right to privacy there, but our Founders lived in a different time.

Tom Hand, creator and publisher of Americana Corner, explores how the Fourth Amendment ensures all Americans enjoy freedom from unwarranted governmental intrusions, and why that still matters today.



Images courtesy of Library of Congress, National Archives, Wikipedia.

RELATED ARTICLES
The Bill of Rights: The Tenth Amendment
The Bill of Rights: The Tenth Amendment

The Tenth Amendment is one of the true foundational amendments of our Constitution. It reserves for the states all rights not granted to the national government by the Constitution, guaranteeing a federalist type of administration.

Beyond the Bill of Rights: Protections Extended by the Ninth Amendment
Beyond the Bill of Rights: Protections Extended by the Ninth Amendment

The Ninth Amendment is one of the two backbone amendments of our Constitution, the Tenth being the other one. It is the amendment that reserves for the people all rights not expressly granted to the government, whether those rights are enumerated or not.

Avoiding the Stocks: How the Eighth Amendment Guarantees Humane Treatment, and Other Protections for the Criminally Accused
Avoiding the Stocks: How the Eighth Amendment Guarantees Humane Treatment, and Other Protections for the Criminally Accused

The Eighth Amendment helps make our criminal justice system more just for those accused or convicted of criminal behavior. It is comprised of three rights, each of which plays a part in protecting Americans from a harsh and overly ambitious government.

Can the Court Serve as Judge and Jury? Not According to the Seventh Amendment
Can the Court Serve as Judge and Jury? Not According to the Seventh Amendment

The Seventh Amendment formally established the rules governing civil trials, as opposed to criminal cases. Its main purpose was to distinguish between the responsibilities of the courts which decided the meaning of laws and those of juries which decided matters of facts as presented in a case.

Have You Been Called to Jury Duty? See the Sixth Amendment in Action
Have You Been Called to Jury Duty? See the Sixth Amendment in Action

The Sixth Amendment to our Constitution effectively established the procedures governing criminal courts. At its core, the Amendment ensures that those accused of crimes will get a fair trial and have every opportunity to clear their name.

Innocent Until Proven Guilty: How the Fifth Amendment Protects You
Innocent Until Proven Guilty: How the Fifth Amendment Protects You

The Fifth Amendment contains some of the most critical protections in the Constitution for those accused of crimes, safeguards that help keep a tyrannical government at bay. In total, it declares five separate but related rights to all citizens.

The Bill of Rights: The Fourth Amendment
The Bill of Rights: The Fourth Amendment

The Fourth Amendment is the fundamental basis for every American’s right to privacy. These freedoms are some of the most important granted to us by the Constitution, giving credence to the idea that “a man’s home is his castle”. As basic as these rights appears to us today, it was a relatively new concept prior to our Revolution.

The Bill of Rights: The Third Amendment
The Bill of Rights: The Third Amendment

This little-known amendment centered on a very important matter to our Founding Fathers, that of the people being forced against their will to house and feed soldiers and bear the costs. While this matter may seem trivial to us today, it was viewed quite differently in 1776.

The Bill of Rights: The Second Amendment
The Bill of Rights: The Second Amendment

The Second Amendment is corollary to one of the most basic natural rights we have, that of self-defense. However, it has recently been the subject of great controversy. Becoming familiar with the history of this doctrine is critical to understanding it.

The Bill of Rights: First Amendment - Assembly and Petitioning
The Bill of Rights: First Amendment - Assembly and Petitioning

Beyond the freedoms of religion and speech we previously discussed, there are two other equally important rights granted to the people in the First Amendment that receive less fanfare. These are the rights to peaceably assemble and to petition the government to correct a wrong.

The Bill of Rights: First Amendment - Speech
The Bill of Rights: First Amendment - Speech

The First Amendment clause forbidding Congress from “abridging the freedom of speech, or of the press” essentially means we can say and print what we want, to include making negative comments about the government. Prior to our Bill of Rights, this concept was unheard of.

The Bill of Rights: First Amendment - Religion
The Bill of Rights: First Amendment - Religion

The First Amendment is arguably the most important one in the Constitution, as it encompasses six essential rights. It covers everything from religious matters to what we can say to how we can pursue grievances against the government.

The Bill of Rights: Debate
The Bill of Rights: Debate

Soon after the proposed Constitution was circulated to the state legislatures for approval, it came under criticism for several supposed faults, but primarily for its lack of a bill of rights. The group opposing the new Constitution became known as “Anti-Federalists” and were led by George Mason of Virginia and Elbridge Gerry of Massachusetts.

The Bill of Rights: Background
The Bill of Rights: Background

The first ten amendments to the Constitution, better known as the Bill of Rights, are what allow us to enjoy many of the day to day blessings of our great country. Freedoms easily taken for granted are enshrined in these revisions to the original document. While the Constitution shaped our government; the Bill of Rights shaped our lives.

Tom Hand
Previous

John Adams Joins the Fight for Independence
Next

John Adams, Boston’s Top Attorney