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Author Question: Explain how the right to privacy under state constitutions differs from the right to privacy under ... (Read 41 times)

newbem

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Explain how the right to privacy under state constitutions differs from the right to privacy under the U.S. Constitution?
 
  What will be an ideal response?

Question 2

Generally, rules and rulemaking involve individual claims.
 
  a. True
  b. False



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joneynes

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Answer to Question 1

State constitutional law may not decrease or limit federally secured rights, but a state may extend civil rights beyond what the federal Constitution secures. For example, both Florida and Alaska constitutions expressly protect privacy, whereas the federal Constitution does not. Rather, a national right to privacy was only recently declared by the Supreme Court (as a penumbra or implied protection), and it is somewhat controversial because of the absence of express language in the Constitution establishing the right. The Washington state constitution protects private affairs, which has been interpreted more broadly than privacy under the Fourth Amendment.

Answer to Question 2

b





 

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