Legal Question in Constitutional Law in New York

Re: Active Euthanasia and the Constitution

The U.S. Constitution says nothing about euthanasia, or about any other health/medical issues. The various states have enacted laws which either permit or prohibit various types of euthanasia. When courts review these laws they base their decisions on precedent, i.e. prior case law, including many cases dealing with the right to privacy. The constitution says nothing about privacy either, but a general right to privacy has been inferred from the principles embodied in various parts of the constitution.

Re: Active Euthanasia and the Constitution

I assume you are referring to the U.S. Constitution. It is silent on euthenasia. However in a U.S. Supreme Court decision in the 1970's the Court interprerted the a right to privacy inherent constitution principles which must be honored if it is specifically known that a person did not want medical treatment to prolong life that could not be sustained naturally.

This was a very narrow ruling. 1) The person must have made their feelings actually known. 2) It could not be inferrred 3) A doctor(or other) cannot actively participate to hasten death but if the person's desires are on the record then a hospital should not interfere and let nature take its course.

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