Last time, I described the test utilized to identify unenumerated rights under the substantive due process doctrine: the Glucksburg test. In order to be constitutionally protected, an unenumerated right must be “deeply rooted in the Nation’s history and tradition” and “implicit in the concept of ordered liberty.” In practice, this means perusing the content of state laws over the course of American history to determine whether a proposed right has been recognized and cherished by the people as one of our fundamental liberties.