Skip to content

9 - Amendments: Due Process and the Right to Privacy

Introduction to Due Process and Privacy

The Due Process Clause of the Fourteenth Amendment ensures protection against deprivation of life, liberty, or property without fair legal procedures. This concept has been extended to safeguard individual rights within the criminal justice system and against unwarranted government intrusions into personal privacy.

Procedural Due Process

Procedural Due Process, rooted in the Fifth and Fourteenth Amendments, mandates the government to follow fair procedures when affecting a person's life, liberty, or property. Key requirements include: - Notice of charges - Opportunity to be heard and defend oneself - Impartial and evidence-based government actions - Right to a fair hearing by an independent decision-maker

Incorporation of the Bill of Rights

"Incorporation" refers to applying the Bill of Rights to the states via the Fourteenth Amendment's Due Process Clause, ensuring federal and state governments equally respect individual rights. This process has significantly impacted the protection of freedoms at all government levels.

Substantive Due Process

Substantive Due Process protects fundamental rights not explicitly mentioned in the Constitution but deemed essential for liberty and happiness. It supports rights like privacy, marriage, procreation, and parental rights, allowing the Supreme Court to nullify laws infringing on these essential freedoms.

Key Terms

  • Due Process Clause: Constitutional guarantee against arbitrary government actions.
  • Right to Privacy: Implied right safeguarding personal life decisions from government intrusion.
  • Equal Protection Clause: Mandates equal legal treatment for all citizens.
  • Life, Liberty, Property: Core values protected by the Due Process Clause.
  • Incorporation: Making Bill of Rights applicable to states through the Fourteenth Amendment.
  • Substantive Due Process: Doctrine protecting fundamental rights beyond the Constitution's explicit guarantees.

Landmark Cases

  • Griswold v. Connecticut (1965): Established the right to privacy in contraception use.
  • Roe v. Wade (1973): Recognized the right to abortion under privacy rights.
  • Palko v. Connecticut (1937): Introduced the concept of fundamental rights under Substantive Due Process.
  • Mapp v. Ohio (1961): Applied the exclusionary rule to states, protecting against illegally obtained evidence.
  • Gideon v. Wainwright (1963): Guaranteed the right to counsel for indigent defendants in criminal cases.
  • Eisenstadt v. Baird (1972): Extended contraception rights to unmarried individuals.