Due Process and the Constitutional Right to Privacy
The Constitution does not contain one clause labeled “right to privacy.” Instead, several provisions protect different interests that people commonly call private. The Fourth Amendment limits government searches. The First Amendment can protect private association. And the Due Process Clauses protect certain personal decisions from unjustified government interference. Equal protection may matter when government distributes […]
Due Process and the Rights of the Accused
The Sixth Amendment right to counsel belongs to a person who has become an Accused through the start of adversarial judicial proceedings, such as a formal charge or arraignment. From that point, counsel is required at trial and at critical stages where the absence of legal assistance could damage the defense. Gideon v. Wainwright requires […]
