Lecture 12 Flashcards
(25 cards)
Is the right to privacy explicitly stated in the U.S. Constitution?
No, but it is implied through various amendments and legal interpretations.
Which amendment supports an implied right to privacy through its protection from unreasonable searches?
The 4th Amendment.
What does the 10th Amendment suggest about unlisted rights?
That people can have rights not specifically mentioned in the Constitution.
What is strict construction of the Constitution?
Interpreting only the explicitly stated rights as limiting federal power.
What is liberal construction or viewing the Constitution as a “living document”?
Belief that general terms were intentional and allow for evolving interpretations over time.
What did Griswold v. Connecticut (1965) establish?
That states cannot ban contraception because reproductive choices fall within a “zone of privacy.”
What major right did Roe v. Wade (1973) affirm?
The right to abortion based on an implied right to privacy.
What regulatory framework did Roe v. Wade establish?
The trimester system for regulating abortion.
What replaced Roe’s trimester approach?
Planned Parenthood v. Casey (1992), which focused on fetal viability instead.
What did Dobbs v. Jackson Women’s Health Organization (2022) decide?
It overturned Roe, ruling there is no constitutional right to abortion or to privacy.
What was a key argument in the Dobbs decision?
Abortion is not mentioned in the Constitution and should be regulated by states.
Why is Dobbs controversial beyond abortion?
It undermines the legal foundation for other privacy-based rulings like contraception and same-sex marriage.
Which cases are potentially at risk due to the logic used in Dobbs?
Griswold, Lawrence, Obergefell, and Loving.
What did Bowers v. Hardwick (1986) uphold?
Anti-sodomy laws, based on states’ rights to legislate morality.
What did Lawrence v. Texas (2003) overturn?
Bowers v. Hardwick, ruling that private adult sexual activity is protected by the right to privacy.
What did Obergefell v. Hodges (2015) decide?
That bans on same-sex marriage violate the equal protection clause.
What are common conservative arguments against same-sex marriage?
It’s immoral, threatens traditional marriage, and may harm adopted children.
What are key liberal arguments for same-sex marriage?
Equal protection, no harm to traditional marriage or children, and marriage promotes stability.
What were the legal options for recognizing same-sex relationships before Obergefell?
No recognition, civil unions with limited or full rights, or full marriage.
What did the Defense of Marriage Act (DOMA) do?
Defined marriage federally as between a man and a woman and allowed states to ignore out-of-state same-sex marriages.
What did U.S. v. Windsor (2013) rule?
That DOMA’s definition of marriage was unconstitutional.
What is physician-assisted suicide?
When a doctor helps a terminally ill, consenting patient end their own life.
In how many U.S. states is physician-assisted suicide legal?
Ten, including Oregon, California, and Vermont, under strict regulations.
What’s the difference between active and passive euthanasia?
Active involves a direct action to end life; passive involves withholding or withdrawing life support.
