3.9 DUE PROCESS + Right to Privacy

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4 Terms

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Why is the federal government allowed to follow the process of Selective Incorporation?

The federal gov uses selective incorporation as a result of the Equal Protections Clause of the 14th amendment, which states that the civil liberties of citizens shall be protected from state gov infringement

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What SCOTUS case is connected to an individual’s right to privacy?

Roe v. Wade

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Is right to privacy explicitly stated in the constitution?

No

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What was the SCOTUS’s argument for upholding a right to privacy even though it’s not explicitly stated in the constitution?

The SCOTUS argued that the right to privacy was implied by the “shadows” of rights guaranteed by several BoR’s amendments, which provide for areas of privacy from the federal gov