Re:U.S. Used Patriot Act to Gather Logs of Website Visitors
by zdragnar on Wednesday December 09, 2020 @09:04AM
(#25358532)
Small quibble: All rights precede the constitution, as the government is not the source of rights (they are natural or God-given, take your pick).
The constitution and subsequent amendments merely outline which rights the government may violate as a matter of necessity to run, and certain rights which it may not violate at all.
As you say, privacy is not mentioned; it does exist as a right but has no explicit protection except for the conditions in the 4th and 5th.
Of course, the federal government's role has grown so much, and the interstate clause abuse has basically expanded it's power to encompass anything and everything, it is not unreasonable to think that the first 10 amendments are the only rights we have anymore :/
The constitution and subsequent amendments merely outline which rights the government may violate as a matter of necessity to run, and certain rights which it may not violate at all.
As you say, privacy is not mentioned; it does exist as a right but has no explicit protection except for the conditions in the 4th and 5th.
Of course, the federal government's role has grown so much, and the interstate clause abuse has basically expanded it's power to encompass anything and everything, it is not unreasonable to think that the first 10 amendments are the only rights we have anymore :/