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While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

Question

While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

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Solution

The Supreme Court has used the Due Process Clause of the Fourteenth Amendment to protect the right to privacy from state infringement. Here are the steps explaining how:

  1. The Fourteenth Amendment to the United States Constitution was adopted after the Civil War, in 1868. It includes a clause known as the Due Process Clause, which states that no state shall "deprive any person of life, liberty, or property, without due process of law."

  2. The term "liberty" in this clause has been interpreted by the Supreme Court to include a general right to privacy. This interpretation began in the late 19th and early 20th centuries, in cases such as Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), where the Court held that the "liberty" protected by the Due Process Clause includes the rights of parents to control the education of their own children.

  3. The concept of a right to privacy was further developed in the mid-20th century, in cases such as Griswold v. Connecticut (1965), where the Court held that the "liberty" protected by the Due Process Clause includes a right to marital privacy, and Roe v. Wade (1973), where the Court held that this "liberty" includes a woman's right to have an abortion.

  4. Therefore, while the Constitution does not explicitly name a right to privacy, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment to protect this right from state infringement.

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