3.9

Due Process and the Right to Privacy

Standard 3B

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.

Learning Objective

Explain the extent to which states are limited by the due process clause from infringing upon individual rights.

ESSENTIAL KNOWLEDGE

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.

Lesson

Review

Carey LaManna 3.9




Auxiliary Resources