Exam 2: The Right to Privacy Flashcards

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1
Q

T/F: the right to privacy is listed in the bill of rights.

A

FALSE
The right to privacy is NOT explicitly listed in the Bill of Rights

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2
Q

What is the right to privacy?

A

an individual’s right to have privacy within the boundaries of their home

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3
Q

What are the amendments that infer a right to privacy?

A

2nd
3rd
4th
5th
9th

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4
Q

How does the 2nd, 3rd, 4th, 5th, & 9th amendments infer the right to privacy?

A

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

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5
Q

What are 3 main areas recently debated under the right to privacy?

A
  1. same-sex marriage
  2. Reproductive Rights
  3. The right to die
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6
Q

What amendments were looked at to determine if they were violated in Dobbs v. Jackson and other cases regarding abortions and reproductive rights?

A

1st amendment
3rd amendment
4th amendment
9th amendment
14th amendment

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7
Q

What was the ruling of Griswold v. Colorado?

A

The Supreme court concluded that through the 1st, 3rd, 4th, & 9th amendments that women had the “right to privacy” to OBTAIN birth Control

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8
Q

What was the ruling of Roe v. Wade?

A

The Supreme Court ruled that woman had THE RIGHT TO AN ABORTION

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9
Q

What was established as a result of roe v. wade?

A

set Limitations & created a framework states had to follow when regulating and banning abortions

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10
Q

What were the limitations and framework created as a result of Roe v. Wade?

A

States COULD NOT BAN abortion sin the 1st & 2nd trimesters but could regulate them. States COULD ban abortions in the 3rd trimester

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11
Q

What was the ruling for Planned Parenthood v. Casey?

A

re-affirmed the RIGHT TO AN ABORTION, BUT they allowed for more state regulation

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12
Q

What court case ruled the right to an abortion but gave states more regulations when it comes to abortions?

A

Planned Parenthood v. Casey

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13
Q

What was established under Planned Parenthood v. Casey?

A

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

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14
Q

what were some examples of state regulations, that made it more difficult to get an abortion, as a result of planned parenthood v. casey?

A
  1. requiring an ultra-sound
  2. requiring a doctors visit before having an abortion
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15
Q

What is the Background of Dobbs v. Jackson?

A

States, such as Mississippi, started banning abortions at 15 weeks (first trimester)

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16
Q

What was the question asked during Dobbs v. Jackson?

A

Does the 15-week abortion ban violate the Constitution under the right to privacy amendments?

17
Q

What amendments were in question during the case of roe v. wade?

A

1st, 3rd, 4th, 9th, & 14th

18
Q

What amendments were in question during the case of Griswold v. Connecticut

A

1st, 3rd, 4th, & 9th

19
Q

What was the ruling of Dobbs v. Jackson?

A

Ruled that abortions ARE NOT PROTECTED under the U.S federal govt. since it is not mentioned in the Bill of rights/ constitution

20
Q

What was the result of Dobbs v. Jackson?

A
  1. overturned Roe v. Wade & Planned Parenthood v. Casey
  2. States now had FULL CONTROL over abortion rights due to the 10th amendment
21
Q

What is the background of Obergefell v. Hodges?

A

Same-sex couples across several states sued regarding the ability to marry and have states recognize the marriages.

22
Q

What were the questions asked during the Obergefell v. Hodges?

A
  1. Does the 14th amendment REQUIRE states to allow same sex marriage?
  2. Does the 14th Amendment require states to RECOGNIZE same-sex marriage conducted in another state?
23
Q

What was the ruling of Obergefell v. Hodges?

A

ruled YES to both questions

  1. yes states had to require same-sex marriage
  2. yes states had to recognize same-sex marriage conducted in another state
24
Q

What was the result of Obergefell v. Hodges?

A

Legalized same-sex marriage

25
Q

What is the right to die

A

to take an individual off of life support

26
Q

What is an example of a “right to die” in today’s society?

A

physician assistance suicide

27
Q

What was the ruling of Gonzales v. Oregon?

A

ruled that physician assistance suicide id LEFT UP TO THE STATE

28
Q

how many states allow physician assistance suicide?

A

11

29
Q

What some exceptions to the right to privacy?

A
  1. Prostitution
  2. Child Indecency
  3. Bestiality
  4. Polygamy: Married to more than one person