Is there a constitutional right to seek and enforce a right of equal protection and due process?

California, United States of America


The following excerpt is from Westbrook v. Mihaly, 2 Cal.3d 765, 471 P.2d 487, 87 Cal.Rptr. 839 (Cal. 1970):

Respondents also point out that there is no constitutional right to incur indebtedness. This may be correct; it is also wholly irrelevant since the requirements of due process and equal protection apply to governmental acts regardless of whether or not they affect rights specifically guaranteed by other constitutional provisions. (See, e.g., Griffin v. Illinois (1956) 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891; Wieman v. Updegraff (1952) 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216.)

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