DUE PROCESS and the Right to PRIVACY [AP Gov Review, Unit 3 Topic 9 (3.9)]

[@generalgrievous3731]

In selective incorporation, do they apply the Bill of Rights to the states through the DUE PROCESS clause or the EQUAL PROTECTION clause of the 14th amendment? I keep on hearing different answers. Can you please clarify?

[@heimlershistory]

Selective incorporation can happen through either clause. Not necessarily one or the other…

[@savagecabbage42]

@@heimlershistory So in the case of Gideon v. Wainwright, the Due Process clause was incorporated right? Doesn't the Equal Protection clause also make sense in this case?

[@coolkcroyale]

@@savagecabbage42 for Gideon v Wainwright it is the due process clause (NOT equal protection clause)
DP clause prevents states from denying “life, liberty, and property without due process of law.” So Gideon’s case used DP because the state was denying him his right to attorney.
Equal protection clause deals with preventing discrimination like denying a black person of rights just because they’re black

[@savagecabbage42]

@@coolkcroyale Oh ok I understand. Thank you and good luck today!

[@thestifmyster1]

So we need an amendment that says we have a right to privacy or not?

[@brandonharmony7490]

Yes to prevent against precedent being overturned however it would have little effect on current society besides abortion which would change the precedent form Jackson v Mississippi back to Roe v Wade

[@니모-b6w]

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