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Which of the following created the right to privacy?

a. the Bill of Rights
b. the executive branch
c. the legislature
d. the Declaration of Independence.

1 Answer

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Final answer:

The right to privacy was created by interpretations of the Bill of Rights and the 14th Amendment, particularly through court decisions that recognized privacy as an underlying aspect of various amendments.

Step-by-step explanation:

Origin of the Right to Privacy

The right to privacy was created by interpretations of the Bill of Rights, specifically through the due process clause of the 14th Amendment and a combination of the First, Third, Fourth, Fifth, and Ninth Amendments. These interpretations emerged from court decisions over time, recognizing the right to privacy as a fundamental aspect of liberty. The U.S. Supreme Court has acknowledged that while the term privacy is not explicitly included in the Constitution, several amendments provide for a protection of privacy in certain contexts.

For instance, in Griswold v. Connecticut, the Supreme Court struck down laws that prohibited the use of contraceptives, using the right to privacy as part of its rationale. Another landmark case was Roe v. Wade, where the Court recognized a woman's right to choose to have an abortion under the right to privacy.

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