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The decision in Roe v. Wade, (1973) rests on the judicial concept of  Substantive Due Process , which holds that the Fourteenth Amendment Due Process Clause is intended to protect all unenumerated rights considered fundamental and implicit in the concept of ordered liberty, among these the right to privacy.
The due process clause of the Fourteenth Amendment is used by the  courts to apply the Bill of Rights to the states.he Fourteenth Amendment, adopted on July 9, 1868 (following the Civil War), applied the priciples of the First Amendment and other parts of the Bill of Rights (applicable to â¦ Federal government) to State governments.