3.9 Amendments: Due Process and the Right to Privacy

Introduction

Procedural Due Process

“Incorporation” of the Bill of Rights Against the States

Substantive Due Process

Key Terms

• Due Process Clause: A clause in the 14th Amendment to the U.S. Constitution that guarantees that no state shall "deprive any person of life, liberty, or property, without due process of law."
• Right to Privacy: The right of individuals to be free from unreasonable governmental intrusion into their personal lives, including their thoughts, beliefs, expressions, and intimate relationships.
• 14th Amendment: An amendment to the U.S. Constitution that was ratified in 1868. It includes the Due Process Clause and the Equal Protection Clause, which requires that states provide equal treatment to all citizens under the law.
• Life: The right to life is a fundamental human right that is protected by the Due Process Clause of the 14th Amendment.
• Liberty: The right to liberty is a fundamental human right that is protected by the Due Process Clause of the 14th Amendment. It includes the freedom from arbitrary detention, the freedom of movement, and the freedom of expression.
• Property: Property refers to a person's possessions or belongings. The Due Process Clause of the 14th Amendment protects an individual's right to own and control their property.

• Procedural protections: Rules and procedures that ensure fairness and justice in the criminal justice system. The Due Process Clause of the 14th Amendment requires that individuals receive these protections when facing criminal charges.
• Equal Protection Clause: A clause in the 14th Amendment to the U.S. Constitution that requires states to provide equal treatment to all citizens under the law.
• Substantive Due Process: The idea that certain fundamental rights, such as the right to privacy, are so important that they cannot be abridged by the government without a compelling reason.
• Incorporation Doctrine: The legal principle that the protections of the Bill of Rights, including the Due Process Clause of the 14th Amendment, apply to the states through the 14th Amendment.
• Unreasonable Search and Seizure: A concept protected by the Fourth Amendment to the U.S. Constitution, which prohibits the government from conducting unreasonable searches and seizures of individuals and their property.
• Individual Autonomy: The right of individuals to make their own decisions and control their own lives, free from government interference. The Right to Privacy has been used to protect individual autonomy in areas such as family planning, sexual activity, and medical decisions.
• Intimate Relationships: Relationships between individuals that are characterized by emotional or physical intimacy, such as marriage, dating, and sexual relationships. The Right to Privacy has been used to protect individuals' privacy in intimate relationships.

Important Cases to Know

Griswold v. Connecticut (1965)

Roe v. Wade (1973)

Palko v. Connecticut (1937)

Mapp v. Ohio (1961)

Gideon v. Wainwright (1963)

Eisenstadt v. Baird (1972)

Key Takeaways

• The Due Process Clause of the 14th Amendment guarantees that no state shall "deprive any person of life, liberty, or property, without due process of law," and requires procedural protections for individuals in the criminal justice system.
• The Right to Privacy has been inferred from several provisions of the U.S. Constitution, including the Due Process Clause of the 14th Amendment, and has been used to protect a wide range of individual liberties, such as the right to use birth control and the right to obtain an abortion.
• The Equal Protection Clause of the 14th Amendment requires states to provide equal treatment to all citizens under the law.
• The substantive due process doctrine holds that certain fundamental rights, such as the right to privacy, are so important that they cannot be abridged by the government without a compelling reason.
• The incorporation doctrine holds that the protections of the Bill of Rights, including the Due Process Clause of the 14th Amendment, apply to the states through the 14th Amendment.
• Cases such as Griswold v. Connecticut and Roe v. Wade have established the right to privacy as a constitutional right and have had significant impacts on individual rights and freedoms in the United States.
• Cases such as Mapp v. Ohio and Gideon v. Wainwright have established important procedural protections for individuals in the criminal justice system.