Question
What standards the Court should use to determine if something is a fundamental right? Should the Court focus on history and tradition, the collective conscience
What standards the Court should use to determine if something is a fundamental right? Should the Court focus on history and tradition, the collective conscience of the people, things that are implicit in the concept of ordered liberty, all of the above, or some other factors?
Note: This is a constitutional law question regarding substantive Due Process Clauses in the 5th and 14th Amendments prohibit the government from depriving any person of "life, liberty, or property, without due process of law. The cases used are Griswold v. Connecticut, Washington v. Glucksberg, and Obergefell v. Hodges.
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