Privacy and the American Constitution

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This book addresses a paradox in American constitutional law: how a right not mentioned during the ratification debates has become essential to modern freedom. Privacy is treated as a constitutional afterthought that has gained significance through contemporary interpretations of an older text. Heffernan defends privacy rights against originalist critiques, analyzes the structure of privacy claims, and outlines a framework for safeguarding privacy from government encroachment. The work appeals to students and researchers in criminal procedure, constitutional history, law-and-society, and sociology of law, while also being invaluable for lawyers dealing with modern privacy law issues. It presents a clear and accessible discussion of constitutional interpretation, focusing on the evolution of the right to privacy from provisions initially unrelated to the concept. This definitive narrative is engaging, insightful, and well-presented, marking a significant contribution to the understanding of privacy and the American Constitution. Heffernan's innovative approach illustrates how modern constitutional rights emerged from earlier notions of personal space, emphasizing the importance of privacy rights in contemporary jurisprudence rooted in a Madisonian interpretation of the Constitution.