Evaluate the view that the US Constitution ensures that civil liberties are effectively protected by the Supreme Court Flashcards

1
Q

Para headings & LOA?

A
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2
Q

LGBTQ Rights agr

A
  • upholding of 14th amendment through LGBTQ rights by SC
  • 2015 Obergefell v Hodges saw SC rule that the rich to marry is guaranteed to same-sex couples
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3
Q

LGBTQ rights disagr

A
  • while 14th amendment rights to LGBTQ were protected they were at the detriment to other groups
  • 2015 Miller v Davis case saw clerk in Kentucky argue that her religious rights are infringed upon as she refused to issue a marriage license to a same-sex couple as it violated her religious beliefs
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4
Q

Abortion rights agr

A
  • upholding of 14th amendment regarding abortion rights by SC
  • 2016 Whole Women’s Health v Helllerstedt saw SC rule that the requirements placed on abortion centres by Texas H.B.2 laws were unconstitutional + landmark 1972 Roe v Wade ruling that allowed women the right to an abortion
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5
Q

Abortion rights disagr

A
  • politicisation of SC appointments threaten reversal of Roe v Wade ruling
  • Trump appointed of Amy Coney Barret who was a member of anti-abortion group ‘right to life’ prior to being a justice and her refusal to say Roe v Wade was super precedent and publicly supported the reversal fo Roe v Wade years before justice position threatens the upholding of 14th amendment
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6
Q

Gun rights agr

A
  • upholding of 2nd amendment of gun rights by SC
  • 2008 D.C v Heller saw SC rule that there is a right to gun ownership without a connection to the militia and for use in the home for self-defence
  • furthered by 2010 Chicago v McDonald ruling that saw court rule the right to bear arms for self-defence was also applicable to states as well as federal gov law
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7
Q

Gun rights disagr

A
  • pressure groups uphold 2nd amendment such as NRA
  • one of largest groups in US with 5.5 million members and on average spends $3 million a year influencing gun policy and in 2019 they spent $1.6 million lobbying Congress against laws that would enact stricter background checks for people buying guns
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