Exam 2: The Right to Privacy Flashcards
T/F: the right to privacy is listed in the bill of rights.
FALSE
The right to privacy is NOT explicitly listed in the Bill of Rights
What is the right to privacy?
an individual’s right to have privacy within the boundaries of their home
What are the amendments that infer a right to privacy?
2nd
3rd
4th
5th
9th
How does the 2nd, 3rd, 4th, 5th, & 9th amendments infer the right to privacy?
2nd: within the boundaries of your home, you can decide if you want to have a gun or not
3rd: the government does not force people (troops) into your home
4th: The govt. is not coming into your home to look through your possessions
5th: the government cannot just take your property
9th: you still have rights to things not listed in the BOR
What are 3 main areas recently debated under the right to privacy?
- same-sex marriage
- Reproductive Rights
- The right to die
What amendments were looked at to determine if they were violated in Dobbs v. Jackson and other cases regarding abortions and reproductive rights?
1st amendment
3rd amendment
4th amendment
9th amendment
14th amendment
What was the ruling of Griswold v. Colorado?
The Supreme court concluded that through the 1st, 3rd, 4th, & 9th amendments that women had the “right to privacy” to OBTAIN birth Control
What was the ruling of Roe v. Wade?
The Supreme Court ruled that woman had THE RIGHT TO AN ABORTION
What was established as a result of roe v. wade?
set Limitations & created a framework states had to follow when regulating and banning abortions
What were the limitations and framework created as a result of Roe v. Wade?
States COULD NOT BAN abortion sin the 1st & 2nd trimesters but could regulate them. States COULD ban abortions in the 3rd trimester
What was the ruling for Planned Parenthood v. Casey?
re-affirmed the RIGHT TO AN ABORTION, BUT they allowed for more state regulation
What court case ruled the right to an abortion but gave states more regulations when it comes to abortions?
Planned Parenthood v. Casey
What was established under Planned Parenthood v. Casey?
States could create ANY REGULATION within the 1st and 2nd trimester, as long as it didn’t create an “Undue Burden” or a substances obstacle for obtaining an abortion
what were some examples of state regulations, that made it more difficult to get an abortion, as a result of planned parenthood v. casey?
- requiring an ultra-sound
- requiring a doctors visit before having an abortion
What is the Background of Dobbs v. Jackson?
States, such as Mississippi, started banning abortions at 15 weeks (first trimester)
What was the question asked during Dobbs v. Jackson?
Does the 15-week abortion ban violate the Constitution under the right to privacy amendments?
What amendments were in question during the case of roe v. wade?
1st, 3rd, 4th, 9th, & 14th
What amendments were in question during the case of Griswold v. Connecticut
1st, 3rd, 4th, & 9th
What was the ruling of Dobbs v. Jackson?
Ruled that abortions ARE NOT PROTECTED under the U.S federal govt. since it is not mentioned in the Bill of rights/ constitution
What was the result of Dobbs v. Jackson?
- overturned Roe v. Wade & Planned Parenthood v. Casey
- States now had FULL CONTROL over abortion rights due to the 10th amendment
What is the background of Obergefell v. Hodges?
Same-sex couples across several states sued regarding the ability to marry and have states recognize the marriages.
What were the questions asked during the Obergefell v. Hodges?
- Does the 14th amendment REQUIRE states to allow same sex marriage?
- Does the 14th Amendment require states to RECOGNIZE same-sex marriage conducted in another state?
What was the ruling of Obergefell v. Hodges?
ruled YES to both questions
- yes states had to require same-sex marriage
- yes states had to recognize same-sex marriage conducted in another state
What was the result of Obergefell v. Hodges?
Legalized same-sex marriage
