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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.
Basically, the Bill of Rights (Amendments 1-8) only apply directly against actions by the federal government. The due process clause of the 14th was how the Supreme Court determined that they should also apply to state action.See Selective Incorporation. Source(s): http://en.wikipedia.org/wiki/Selective_i...he fifth Amendment also contains a due process clause, though it was, prior to the 14th, only presumed to be binding upon the Federal government. Source(s): http://caselaw.lp.findlaw.com/data/const... http://en.wikipedia.org/wiki/Fifth_Amend...