The federalist provenance of the principle of privacy

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by...

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Main Author: LIM, Elvin T.
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2015
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Online Access:https://ink.library.smu.edu.sg/soss_research/2812
https://ink.library.smu.edu.sg/context/soss_research/article/4069/viewcontent/MLR__1_.pdf
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spelling sg-smu-ink.soss_research-40692023-10-19T06:18:38Z The federalist provenance of the principle of privacy LIM, Elvin T. The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of Rights, as is currently understood. More specifically, modern liberalism’s articulation of the right to privacy in the twentieth century against state legislative leviathans bears a family resemblance to three principles in the Federalists’ political theory, which introduced the new federalism, the new liberalism, and the new republicanism, which in turn are embedded in three interrelated structural innovations that would presage the modern turn to privacy: (1) the establishment of a stronger union would nationalize rights and introduce the radical idea that the federal government was not antithetical to liberty but would better guarantee it (the new federalism); (2)the creation of a large republic would acknowledge that fellow citizens, even more so than kings, can threaten our liberties (the new liberalism); and finally, (3) the introduction of the separation of powers would reverse the classical commitment to homogeneity and affirm instead the virtue of heterogeneity in understanding and constituting the republican commonweal (the new republicanism) 2015-02-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/soss_research/2812 https://ink.library.smu.edu.sg/context/soss_research/article/4069/viewcontent/MLR__1_.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection School of Social Sciences eng Institutional Knowledge at Singapore Management University Political Science Privacy Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Political Science
Privacy Law
spellingShingle Political Science
Privacy Law
LIM, Elvin T.
The federalist provenance of the principle of privacy
description The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of Rights, as is currently understood. More specifically, modern liberalism’s articulation of the right to privacy in the twentieth century against state legislative leviathans bears a family resemblance to three principles in the Federalists’ political theory, which introduced the new federalism, the new liberalism, and the new republicanism, which in turn are embedded in three interrelated structural innovations that would presage the modern turn to privacy: (1) the establishment of a stronger union would nationalize rights and introduce the radical idea that the federal government was not antithetical to liberty but would better guarantee it (the new federalism); (2)the creation of a large republic would acknowledge that fellow citizens, even more so than kings, can threaten our liberties (the new liberalism); and finally, (3) the introduction of the separation of powers would reverse the classical commitment to homogeneity and affirm instead the virtue of heterogeneity in understanding and constituting the republican commonweal (the new republicanism)
format text
author LIM, Elvin T.
author_facet LIM, Elvin T.
author_sort LIM, Elvin T.
title The federalist provenance of the principle of privacy
title_short The federalist provenance of the principle of privacy
title_full The federalist provenance of the principle of privacy
title_fullStr The federalist provenance of the principle of privacy
title_full_unstemmed The federalist provenance of the principle of privacy
title_sort federalist provenance of the principle of privacy
publisher Institutional Knowledge at Singapore Management University
publishDate 2015
url https://ink.library.smu.edu.sg/soss_research/2812
https://ink.library.smu.edu.sg/context/soss_research/article/4069/viewcontent/MLR__1_.pdf
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