ABSTRACT
Thomas Jefferson urged James Madison to promise adding a Bill of Rights: "A Bill of Rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference." The right of privacy is not specifically mentioned in the Bill of Rights, but it has become a right on a par with the freedoms of expression and association. The right has been formed from the implications of other rights in the Bill of Rights. Procedural rights are designed to assure that the justice system, civil or criminal, treats all alike. If the process is diligently followed, if each step of the criminal process from accusation, trial, conviction, and punishment is observed, justice is served. The difference between substantive rights and procedural rights arises when the Bill of Rights is considered in conjunction with federalism.
