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If privacy is equated with freedom from excessive governmental
interference, then almost everyone agrees that there is such a
right, although it is not specified in the Constitution.
The ninth amendment clearly refers to rights "retained by
the people" and not listed or enumerated in the Constitution.
The fourteenth amendment requires that no person be deprived of
liberty without due process of law. This provision has often been
held to require more than procedural regularity.
Can any of these three starting points be used as a basis for the right of privacy elaborated in Roe? If so, how? If not, why not? Can you think of some other basis?
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