Legal History Academic Essay

In Brown V. Board (1954) and Roe V. Wade (1973) the supreme court ruled that individual have certain fundamental rights, even though those rights cannot be found directly in the text of the constitution. Given that the supreme court had rejected a broad reading of rights found in the 14th amendment beginning in the 1930’s, how can we account for these decisions? Also, Given the shared approach to constitutional interpretation in these two cases, why did the brown decision come to be largely accepted by the public after about a decade, while Roe has remained highly contentious to this day? be sure to explain which right the court found in each case and how the court established the existence of such rights, since they are not in the constitution itself.

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