3.9 Amendments: Due Process and the Right to Privacy
Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s due process clause to prevent state infringement of basic liberties
Explain the extent to which states are limited by the due process clause from infringing upon individual rights.
While a right to privacy is not explicitly named in the Constitution, the court has interpreted the due process clause to protect the right of privacy from state infringement. This interpretation of the due process clause has been the subject of controversy, such as has resulted from:
Roe v. Wade (1973), which extended the right of privacy to a woman’s decision to have an abortion while recognizing compelling state interests in potential life and maternal health.
The Due Process Clause of the 14th Amendment to the U.S. Constitution guarantees that no state shall "deprive any person of life, liberty, or property, without due process of law." This has been interpreted to include procedural protections for individuals in the criminal justice system, as well as protection against arbitrary government actions that interfere with life, liberty, or property.
The Right to Privacy is not explicitly mentioned in the U.S. Constitution, but it has been inferred from several provisions, including the Due Process Clause of the 14th Amendment. The right to privacy has been used to protect a wide range of individual liberties, such as the right to use birth control, the right to obtain an abortion, and the right to marry.