AP U.S. Government and Politics Flashcards: Amendments: Due Process and the Right to Privacy
Written by AP Content Team, Verified for 2026 AP Exams, Last updated: May 2026
Review key ideas with interactive flashcards. This set includes 10 cards to help you master important concepts.
What are unenumerated rights?
Unenumerated rights are constitutionally protected rights that are not explicitly listed in the Bill of Rights, such as the right to privacy.
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What are unenumerated rights?
Unenumerated rights are constitutionally protected rights that are not explicitly listed in the Bill of Rights, such as the right to privacy.
Define the "right to privacy" in the context of the U.S. Constitution.
The right to privacy is an unenumerated right, not explicitly named in the Constitution, that the Supreme Court interpreted as being protected from government infringement by the due process clause.
Which Supreme Court case first interpreted the due process clause to protect the right of privacy?
In Griswold v. Connecticut (1965), the Supreme Court interpreted the due process clause to protect the right of privacy from government infringement.
What is the relationship between substantive due process and the right to privacy?
The Supreme Court has used the principle of substantive due process to protect the unenumerated right to privacy from arbitrary government laws and actions.
What was the key holding of the Supreme Court in Dobbs v. Jackson Women's Health Organization (2022)?
The Supreme Court overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion and leaving decisions about abortion regulation to legislatures.
How did the Supreme Court's ruling in Roe v. Wade (1973) apply substantive due process?
In Roe v. Wade, the Supreme Court held that the application of substantive due process extended the right to privacy to include the right to an abortion.
What is the role of substantive due process in protecting individual rights?
The Supreme Court uses substantive due process to examine whether government laws and actions are arbitrary infringements of individual rights, thus limiting government power.
Following the Dobbs decision, who has the authority to regulate abortion?
After the Dobbs decision, the authority to make decisions about the regulation of abortion was returned to legislatures.
How does the Ninth Amendment support the existence of unenumerated rights?
The Ninth Amendment states that individuals have protected rights beyond those listed in the first eight amendments, providing a constitutional basis for unenumerated rights.
Besides the Ninth Amendment, what is another argument used to defend the existence of unenumerated rights?
Some argue that an unenumerated right is implied by certain amendments that assume the existence of such rights.