But in a series of landmark cases, Supreme Court justices chose to extrapolate an array of civil rights rooted in the idea that Americans do possess a right to privacy. The 'Right to Privacy' ArgumentĪ “textualist”-someone who relies strictly on the exact words of a statute or of the constitution, would argue “that the right to privacy doesn’t appear anywhere in the constitution,” says Ciara Torres-Spellicy, a professor at Stetson University and a fellow of the Brennan Center for Justice. In a nutshell, it means that even if a new government regulation or law has clearly not run afoul of any procedural issues, its advocates must still demonstrate that any infringement of someone’s rights is justified and necessary. Procedural due process is relatively straightforward directive: did a government entity follow the law when it deprived someone of their life, liberty or property? Substantive due process as a topic is one that lawyers-both practitioners and scholars-regularly debate. It is the 14 th Amendment that created the theory of “substantive due process,” a concept that underpins many liberties that Americans take for granted today. “While the Fifth Amendment says that Congress can’t do certain things, the 14 th expressly applies the same restrictions to the states for the first time,” explains David Flugman, a partner at Selendy Gay Eisberg, who has argued constitutional law cases before numerous courts. Wording in the 14 th Amendment guaranteed for the first time “due process of law” and “the equal protection of the laws” for citizens. The myriad ways that jurists have interpreted it means that the 14 th Amendment also has become the focus of more litigation than any other part of the constitution. But the 14 th Amendment’s wording has emerged as a linchpin of key civil rights cases that have shaped our world. Of these three amendments-the 13 th, 14 th and 15 th- the 14 th Amendment appears less profound in its implications for the way we lead our lives than either of the other two, one abolishing slavery and the other guaranteeing the rights of those formerly enslaved. Constitution ratified during Reconstruction between 18 that address the way that slavery’s demise reshaped America’s legal system and redefined what it meant to be free and equal following the Civil War. The “Reconstruction amendments” are three key changes to the U.S.
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