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Moralistic view
libertarians argue that there is an absolute right from gov't interference in our private lives and that morality should be kept out of the law. TERM 2
Conservative View
DEFINITION 2 Conservatives argue that gov't interference is necessary to protect us from ourselves and that morality place us in law TERM 3
Liberals
DEFINITION 3 are somewhere in between TERM 4
Constitutional privacy foundations
DEFINITION 4 1st Amendment- freedom of thought, association3rd Amendment- prohibits quartering of soldiers during peace time4th Amendment- freedom from unreasonable searches and seizures5th amendment- due process and protection from ourselves (self view)9th Amendment- people have other rights not listed in the const14th Amendment- due process TERM 5
Olmstead v U.S.
DEFINITION 5 Brandeis- stated that " the right to be left alone" is the bedrock of autonomy.despite this state has right to restrict at timesexamples:promotion of public moralityprotections of individual psychological and mental healthimproving quality of life
Buck v Bell
Does a compulsory sterilization policy violate the privacy right to procreate?USSC said no the state has a compelling interest to prevent certain individuals from having children. "those who are manifestly unfit from continuing their kind"Since then USSC has recognized the right to have childrenOn the other side of this is the right to birth control... TERM 7
Griswold v Conn
DEFINITION 7 is a state law that makes use of birth control and counseling about birth control a violation of the right to privacy?USSC-said yes the law is unnecessarily broad, as it infringed not only on the sale and manufacture, but also the use of birth controlextended to non married couples 7 years laterGriswold is considered landmark because it created a constitutional right to privacy. Differences in where the right existed2 said it was found in 1,3,4,5,92 said 9th said 14th2 said it does not existmany questioned extent- e.g. abortion TERM 8
Roe v Wade
DEFINITION 8 States all over regarding laws, many states allowed for life of mother, rape, incest and for deformed babiesfor all other instances it was a crimeIs a restrictive Tx law that prohibits abortion in almost all instances a violation of the right to privacy?USSC said yes but for different reasons based on the justice, however majority stated it was a fundamental right.4 justices took pro- choice, privacy position TERM 9
Roe v Wade
Extended
DEFINITION 9 Time problem- USSC ruled that a woman's fundamental right to abortion extended until viability; after that the state could restrict,but not prohibit TERM 10
Restrictions on Abortion
DEFINITION 10 Consent- eariler cases after Roe struck down parental and spousal consent; later cases upheld parental consentconsent by parents for unemancipated minors (constitutional)48 hours waiting period (constit)States and Fed can withhold funding to clinics that perform abortions rationale- you have the right, but that does not mean we have to pay for it. (Unless medically necessary)
Bowers v Hardwick
Does the right to privacy extend to consensual sodomy in the home?USSC said no there is not a fundamental right to engage in sodomyalso, the prohibition has "ancientroots" in that it has been prohibited for centuries by many societies TERM 17
Lawerence v
Texas
DEFINITION 17 Does the right to privacy extend to consensual sodomy in the homeUSSC said yes- threw out bowers and said that adult activity, private and consensual is protecteddoes right to privacy cover the right to die? TERM 18
In re Quinlan 1976 (NJ supreme
court)
DEFINITION 18 does the right to privacy cover afamilies decision to pull the plug on a comatose person?NJ SC said yes the right to privacy covers refusal of medical treatment which includes the issueSince Quinlan many state courts followed its lead however some did not and cases ended up in the USSC again TERM 19
Cruzan v Director, Missouri Dept of Health
DEFINITION 19 may the staterestrictprocedure on pulling the plug?USSC said yes the state has an interest in preserving life; also, there is no guarantee that the patients wishes are the same as the family USSC upheld the states requirement that family must have clear and convincing evidence fo patients wishes TERM 20
Washington v Glucksberg (1997) Vacco v Quill
DEFINITION 20 Ruled that there is no privacy, due process or equal protection interest in assisted suicide.In both cases USSC ruled that state has interest inpreserving lifeprotecting ethics and integrity ofmedicalprofessionSafe guarding the vulnerable from coercionensuring the value of life
Gonzales v Oregon
Is the fed gov't prevention of state assisted suicide laws a violation of the right to privacy?USSC said yes if the states wishes to allow assisted suicide, it has the right to do so. TERM 22
Equal Protection
DEFINITION 22 Found in 14th- no state shall deny to any person within its jursidiction the equal protection of the law.meant for former slaves, no applies to allhistorically, was not invoked much; however the mid-20th century saw it being used for minorities, women, african americas etcnot absolute- whenever a state is to discriminate against a certain group the USSC has established a set of standards to determine if it is legit TERM 23
Rational basis test
DEFINITION 23 someone challenging a law must show that the purpose of the law is an illegitmate state objective. The means employeed by the state are not rationally related to the achievement of this objective.Fairly easy standard to meetapplied to cases involving economic interests TERM 24
Strict Scrutiny
DEFINITION 24 deals with those who belong to suspect groups-race religion, etc and that any laws that impinge on the rights of those groups must be subjects to strict scrutiny. Burden is on gov't to show that the policy has a compelling interest and that is is narrowly tailored to further that interest. TERM 25
Korematsu v U.S.
DEFINITION 25 Relocation of Japanese Americans during WWIIpolicy was supposedly for nation security; later however it was determined it was for racial reasonsUSSC upheld policy at the time, later lamented that the evidence of racial motivation was not known at the time.Since Korematsu Strict Scrutiny has been applied
Regents of the University of CA v Bakke
Is a set aside policy for minority applications at UC Davis medicial school a violation of the EP clauseUSSC said yes this was an unconstit quotahowever USSC upheld affirmative action in general- race can be taken into account but it cannot be an overriding consideration.This particular policy had a compelling interest but it was not narrowly tailored TERM 32
Gratz v Bollinger
DEFINITION 32 Dealt with UM's policy of undergrad admissionsUSSC reaffirmed bakke stating that there is a compelling interest in increasing diversity, but the method for doing so was not narrowly tailored TERM 33
Grutter v Bollinger
DEFINITION 33 UM's Law school admission policy which hoped to get a critical mass ofminoritystudents which was calculated to be 10-20% of the law school bodyUSSC upheld policycompelling interest for diverse student bodyit was narrowly tailored because law school admission is more difficult forminoritiesso this quota is the best way to do it TERM 34
Gender Equality
DEFINITION 34 has not been addressed as much by the USSCnot treated as seriously as racial discrimination as evidenced by the lower heightened scrutiny standard TERM 35
Rostker v Goldberg
DEFINITION 35 Is the requirement that men, but not women, to register with selective service a violation of the EP?USSC said no women are not eligible for combat because they are notsimilarlysituated in this matter.Since the purpose of SS is to register for combat, then women are exempt
U.S. v Virginia
Is an all male military school (UMI) a violation of the EP?USSC said yes there is no persuasive justification to deny entry to womenschool provides an impressive educational opportunity for all types of civil life not just combat and women should not be denied the right TERM 37
Elections, Voting, Etc
DEFINITION 37 many cases involve the denial of voting to certain-blacks, women, etc dejure (by law) or other types of prohibitions that disproportionately affect them (e.g. literacy tests)now however the right to vote must be umhampered unless for a compelling state reason ( e.g. convicted criminals etc)issues such as reapportionment and its insidious cousin gerrymandering have also arisen. Reapportionment must occur every 10 years to take into account population changes. State/county divided up based on pop for voting purposes. TERM 38
Elections, Voting, Etc
II
DEFINITION 38 Gerrymandering has occured historically to apportion areas in order to dilute votese.g. designing voting districts that are majority white so that blacks will never get electedSeen in areas with heavy black poprecent issues have involved methods of voting (ballads, touch screens, etc) and whether or not votes are being properly counted. TERM 39
Bush v
Gore
DEFINITION 39 Dealt with problematic paper ballots in a few counties in FL during the presidential election FIA SC did not outline anappropriatestandard of review for recounting the ballots, so the USSC stopped the recount, stating a violation of the EP
