Difference between due process and equal protection

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Reference no: EM13220554

Is there any difference between due process and equal protection as the basis for protecting a fundamental right? Some fundamental rights mentioned in the text of the Constitution: freedom of speech, religious freedom, criminal procedure protections under Amendment IV, assurance of speedy trial in Amendment VI, prohibition of cruel and unusual punishment in Amendment VIII Some fundamental rights are not in the text: e.g. family autonomy, the right we will look at today. What is the role of Amendment IX in protecting such non-textual rights? Amendment XI states: The enumeration in the Constittuion of certain rights, shall not be construed to disparage others retained by the people. Should the Court protect unenumerated rights as fundamental rights? Why or why not? If so, how should the Court decide when a right is fundamental? Basic Model in Claims Alleging Violations of Fundamental Liberty Interests i. Is the protected liberty interest one that qualifies as a fundamental right?

Reference no: EM13220554

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