American Government › Section D · Civil liberties › Topic D.4

Interpreting the Bill of Rights, including privacy

The Bill of Rights never uses the word "privacy", yet privacy has become one of its most fought-over ideas. How judges read the Ninth and Tenth Amendments, and how they find rights the text does not name, shapes debates from contraception and abortion to phone tracking.

In this topic

  • Reading an old text in a new world
  • The Ninth Amendment
  • The Tenth Amendment and state constitutions
  • Where privacy comes from
  • Abortion: Roe and Casey
  • Dobbs v. Jackson Women's Health Organization (2022)
  • Worked example: two ways to read "liberty"
  • Privacy in intimate life
  • Worked example: state responses after Dobbs
  • Privacy from surveillance
  • Common mistakes to avoid
  • Key takeaways

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