Constitutional Law: Unenumerated Rights and Equal Protection, Slides of Management Fundamentals

The concept of unenumerated rights in constitutional law through various court cases, including griswold and eisenstadt, which dealt with contraception and marital privacy, as well as individual privacy. The document also discusses the debate on how to categorize a claimed right under the due process clause and the equal protection analysis in skinner v. Oklahoma, which involves heightened scrutiny for suspect classifications and fundamental rights. Additionally, it touches upon connecticut law regarding the use of contraceptives.

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2012/2013

Uploaded on 07/26/2013

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Constitutional Law
Class 47
1. Unenumerated Rights: Contraception and Marital Privacy
(Griswold)
2. Unenumerated Rights: Contraception and Individual Privacy
(Eisenstadt)
3. Unenumerated Rights: Biological parents and access to
children in a separate marital family
4. The debate regarding how best, if at all, to determine
whether to categorize a claimed right as part of the liberty
protected substantively by the Due Process Clause
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Constitutional LawClass 47

Unenumerated Rights: Contraception and Marital Privacy(

Griswold

Unenumerated Rights: Contraception and Individual Privacy(

Eisenstadt

Unenumerated Rights: Biological parents and access tochildren in a separate marital family

The debate regarding how best, if at all, to determinewhether to categorize a claimed right as part of the libertyprotected substantively by the Due Process Clause

Meyer v. Nebraska

Skinner v. Oklahoma

Skinner v. Oklahoma

Equal Protection Analysis

Heightened scrutiny for suspect classifications.

Skinner v. Oklahoma

Equal Protection Analysis

Heightened scrutiny for suspect classifications.Heightened scrutiny for any classification impacting a

fundamental right.

Otherwise, rational basis review.

ESTELLE

GRISWOLD

ESTELLE

GRISWOLD

DR. LEEBUXTON

CONNECTICUT LAW: •

IT IS A CRIME TO USE CONTRACEPTIVES

IT IS ALSO A CRIME TO COUNSEL OR ASSIST SOMEONE ELSE TOUSE CONTRACEPTIVES

From the Oral Argument in Griswold v. Connecticut

(Professor Emerson on behalf of Griswold and Buxton)

COURT: As I understand it, you argue this as a dueprocess question concerning the application of this lawto married couples and married couples only.