Constitutional Law: Privacy Rights and Equal Protection, Quizzes of Political Science

Download Constitutional Law: Privacy Rights and Equal Protection and more Quizzes Political Science in PDF only on Docsity! TERM 1 Moralistic view DEFINITION 1 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. (1928) 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 TERM 6 Buck v Bell (1927) DEFINITION 6 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 (1965) 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 9th2 said 14th2 said it does not existmany questioned extent- e.g. abortion TERM 8 Roe v Wade (1973) 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) TERM 21 Gonzales v Oregon (2006) DEFINITION 21 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. (1944) 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 TERM 26 Loving v V.A. (1967) DEFINITION 26 Is a VA law that prohibits inter-racial marriages a violation of the equal protection clause?USSC said yes, that state did not have a compelling interest for this law. TERM 27 Heightened Scrutiny DEFINITION 27 Generally applied to gender discriminationthe challenged policy bears a substantial relationship to an important government interestfalls between rational and strictthe EP clause focuses on state sponsored discrimination not privateBoth the civil rights act of 1866 and 1875 crossed the line-using EP clause to prohibit private discrimas a result recently racial discrim takes places in private placestoday private discrim is handled by congress under the commerce clause. TERM 28 Plessy v Ferguson (1897) DEFINITION 28 Test of EP and public discrimare seperate but equal cars for blacks and whites on public transportation a violation of the EP clause?USSC said no as long as the facilities are equal, seperate facilities are fine under EP clause TERM 29 Brown v Board of Ed DEFINITION 29 Challenged PlessyAreseparatepublic schools for blacks and whites a violation of EP?USSC said yesfacilitiesare not equal andseparationhas no place in public education. TERM 30 Affirmative Action DEFINITION 30 however, this was too difficult for some, so the use of quotas that hired/promoted lesser qualified candidates were utilizedThese quotas led to charges of reverse discrim TERM 31 Regents of the University of CA v Bakke (1978) DEFINITION 31 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 (2003) 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 (2003) 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 (1981) 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