...married couple to use birth control. Buxton and Griswold were the Director and Executive Director for Connecticut’s Planned Parenthood league. Their claim was that couples not being allowed to use a form of birth control was a violation of the 14th Amendment. By definition, the 14th Amendment says, the constitutional amendment that concerns equal protection under the law, and the citizenship rights of Americans. Lower courts ruled in favor of the state. Therefore, it remained illegal for a married woman to use birth control. Griswold then took the case to the supreme court. The case started in early 1965. The Court lists the implied rights protected under each amendment of the Bill of Rights. The 1st Amendment includes the right to associate, the 3rd Amendment prohibits quartering soldiers in a person’s house without their consent, the 4th Amendment protects against unreasonable searches and seizures and the...
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...these things is a certain part of the 14th amendment. This section of the 14th amendment is called the Due Process Clause. This states that “no state shall “deprive any person of life, liberty, or property, without...
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...existing legislation from being enforced. Due to the district court’s refusal to enjoin future prosecutions for abortion, Roe and her attorneys appealed to the U.S. Supreme Court and the case was granted certiorari. By the time the case reached the Supreme Court, however, McCorvey had already given birth, but the Court entertained the case anyway, reasoning that if the traditional standards of mootness and the exclusion of advisory opinions were upheld, no pregnant Plaintiff could ever successfully litigate a similar claim before being precluded by mootness. Issues Presented: Do the Texas statutes improperly invade a right possessed by the Appellant, Jane Roe to terminate her pregnancy, embodied in the 14th Amendment’s Due Process Clause or among the rights reserved to the people by the 9th Amendment? SUMMARY OF THE ARGUMENT Firstly, should women have their own right to abortion or...
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...Study Sheet Unit 3.1 Constitutional Law 1. Identify the purpose of the Constitution of the State of Nevada. 2. State the purpose of the Bill of Rights 3. State the purpose of the First Amendment 4. State the purpose of the Second Amendment 5. State the purpose of the Fourth Amendment 6. State the purpose of the Fifth Amendment 7. State the purpose of the Sixth Amendment 8. State the purpose of the Eighth Amendment 9. Explain the purpose of the 14th Amendment as it relates to the Bill of Rights. 10. List the two pertinent clauses in the 14th Amendment as they relate to Police. 11. Explain the affect the 14th amendment has on citizenship. Unit 3-2 Criminal Law 1 1. Explain difference between criminal and tort law 2. Define the term “Law” 3. Define the term “Statute” 4. Define the term “Crime” 5. Differentiate the various classifications of crime per NRS 193.120 6. Identify the Various courts having jurisdiction in Nevada 7. Differentiate between NRS and County/City Ordinance 8. Demonstrate how to use the Nevada Revised Statues (NRS) to locate various crimes 9. State the elements of NRS 193.190 (to constitute crime there must be unity of act and intent) 10. State the elements of NRS 193.200 (Intent) 11. State the elements of NRS 193.210 (When person considered to be of sound mind) 12. Identify who is capable of committing a crime pursuant to NRS 194.010 13. State the elements...
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... Obergefell v. Hodges: Right to Privacy Amy Alcorn Liberty High School 3AB AP Government Obergefell v. Hodges was a case that brought much controversy within 2015. It pertained to the idea that states bans on same gender marriage were unconstitutional. The case helped decide that under the Due Process Clause of the 14th Amendment, the right to marriage applies to not only heterosexual couples, but same sex ones as well (ITT Chicago-Kent College of Law, 2015). This case began with a group of fourteen same sex couples deciding to sue state agencies in Kentucky, Ohio, Tennessee, and Michigan. They were fighting for the idea that the states banning same sex marriage and not acknowledging legalized same gender couples was unconstitutional under the 14th Amendment. The cases that went through trial courts regarding this were all found in favor of the plaintiffs. Though it appeared the U.S. Court of Appeals for the Sixth Circuit felt a different way, as it was declared that it did not violate their rights to due process or equal protection. This caused the case to find its way to the U.S. Supreme Court (ITT Chicago-Kent College of Law, 2015). There are two constitutional questions that come to play here; is a state required to allow a marriage between people of the same gender by the...
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...In the case called “Roe v. Wade”, there is an issue with a lady named Norma Leah McCorvey but is mostly known as “Jane Roe”, who wants an abortion but is illegal in the state of Texas. Now the county called Wade County finds out that she is attempting to have an abortion and they are pressing charges against her and is thrown in jail. Roe decided to fight for her freedom and decides to take this situation to court. The court was taken to the district court. While in the court Roe was making a big statement and stated that the government interfering with her abortion violates her 14th amendment which deals with the right to privacy. Roe gets her way and ends up winning the court case in the district but Wade County is not happy at all and decides...
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...to an unborn fetus is terminated; the plaintiff Jane Roe – which was a pseudonym granted to her in order to allow her to maintain her anonymity – maintained that the laws forbidding abortion instituted in the State of Texas were in direct violation of the 1st, 4th, 5th, 9th, and 14th Amendments to the Constitution.” (Cases) The case was reviewed for two years, but the Supreme Court's final decision made abortions legal. Many disagreed with the court's reasoning and decision. Before anyone can make an opinion, it is good to know the background and details of the case. During the time period this case took place, people’s ideas about sexual relationships changed and became more liberal. Women were able to get birth control and other...
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...Equal protection of the laws-minorities Plessy v. Ferguson (1896) Adolph Plessy who is ⅞ white, was arrested when he refused to sit in the “blacks only” railroad car. He said this violated his 14th amendment. Verdict: 7-1 decision for Ferguson, majority by Henry B. Brown. The court ruled that if the cars are separate yet equal then the louisiana law does not violate the 14th amendment. Brown v. board of education of Topeka, I (1954) African children were denied admittance into certain public schools that were segregated. The parents argued that denying them admittance was violating their 14th amendment. Verdict: unanimous decision for Brown , majority by Earl Warren. They said that separate but equal educational facilities was obviously unequal...
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...of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? b. Provide background information: Black children were unable to attend the same schools that white children attend because of segregation laws. One person in particular, Linda Brown, was denied admittance to an all white school, and Thurgood Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...paragraphs the authors of the 14th Amendment decided on the terms for the reconstruction of the U.S. Section one states the states cannot abridge certain national rights, privileges and immunities. Sections two, three and four discuss the conditions for confederate states to re-enter the union. Section five confers the power that the federal government has to enforce the amendments.Sections one and five have the most significant roles on impacting today the middle three sections show the meaning and context of the amendment as a whole (Lash). The amendment was not just a spontaneous idea but the effort from several mind, evolving and developing over time. To fully understand the impact of the amendment, it is important...
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...Connecticut was about a law that prohibited a person from using any drug or medicine to prevent a pregnancy. The Supreme Court struck down the law, stating that it violated the right to marital privacy and due process. This case views the right to privacy as a right to protection from government intrusion in intimate affairs. Justice William O. Douglas wrote the majority opinion and stated that although the bill of rights does not explicitly mention privacy, that right was found in the emanations of other constitutional protections such as the self-incrimination clause of the Fifth Amendment. Once again, although not explicitly stated, the concept of dignity is central to this case as...
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... In the 1950s the Warren Court were seen to follow a liberal agenda and be judicially active. With a liberal and activist majority on the court the Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. Warren Court Cases | 1954 Brown vs the Board | Based on 14th Amendment- ended segregation and overturned Plessey vs Fergusson | Baker v. Carr and Reynolds v. Sims 1962-4 | Based on the 14th Amendment- asserted the right of all votes to be of equal value- and lead to reapportionment across the USA. | Gideon v. Wainwright,1963 Miranda v. Arizona, 1966 | Right to legal representation and to be informed of rights. The ‘Miranda warning’ | Engel v. Vitale 1962 | Outlawed school prayer. Based on First Amendment. | Griswold vs Connecticut | Found a ‘right of privacy ‘in the 14th Amendment | Warren’s successor Warren Burger 1969-1986 appointed by Nixon as a conservative, extended some of Warren’s precedents most famously Roe vs Wade used the precedent set by the Griswold case. In Swann v. Charlotte-Mecklenburg Board of Education (1971) the court upheld the policy of ‘bussing’ school children to create mixed race schools. The Warren/Burger courts were criticised by conservatives who claimed they attacked family values and up held the rights of criminals. Republican presidents began to have since sought to create a more conservative court ideally also activist, in order to overturn the Warren/Burger precedents. Have...
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...Where is the balance between civil rights and national security? While the Patriot Act allows the US government the ability to monitor terrorists, drug cartels, and attacks on US soil, this law should not give government agencies the right to invade US citizens’ privacy. Did this law that was passed, soon after the 9/11 attacks, go too far in the name of national security? Are the seizures, wiretaps, and physical searches that are required to have probable cause sometimes overlooked? In several cases, outlined in this essay, our government has performed unpatriotic acts in the name of “national security” and has repeatedly challenged the very foundation of our constitutional freedoms. Fundamentalist groups and terrorists within them have been around for decades. Our government has the ability to monitor them, both here and abroad, and determine if there will be another threat against our Nation. Where is the balance between civil rights and national security? On October 26, 2001, President George W. Bush signed into law the Patriot Act with an overwhelming majority from Congress. The law was intended, in Bush’s words, to “enhance the penalties that will fall on terrorists or anyone who helps them.” ("George W. Bush Signs The Patriot Act", n.d. http://www.history.com/this-day-in-history/george-w-bush-signs-the-patriot-act). The bill broadly expanded law enforcements ability to investigate and perform surveillance and altered more than 15 different statues that had...
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...Jeter Loving felt that the state was violating the rights of couples marriage and their privacy. The Loving felt that it was also a violation of the 14th amendment of the pursuit of life, liberty and happiness. Due to this case of different races not being able to get married has affect our generation and community today by allowing those different races to get married with no problems. Our generation today has different men and women of all races that want to be together, by our country prohibiting something as such, it only creates problematic situations for our society. Yes the year 1969 and today has a huge difference in how the laws have changed but if nobody of the past has spoke up to their rights, it makes us wonder how life would be today. Thanks to this case, it has truly helped with our cultural acceptance in many ways, one being that races of all kinds have the privilege to marry one another and two by creating more peace in all races. If today we had a law that prohibited different racial marriage, we wouldn’t have such inner peace with each other. The way that the loving vs. Virginia case contributed to the national government was that in the united stated allowed that the opposing race was acceptable to have personal relations. In Virginia they had a law that contradicted the United States rights of the 14th amendments, due to that right the case was heard by the supreme court and pass the law that it was right for the opposing race to get married. Therefore the...
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...Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains a right to an abortion. Majority Reasoning: (Justice Blackmun) A. Rule: The State of Texas asserts it’s rule (a law banning all abortions) is furthered by 2 interests: (1) Protecting prenatal life and (2) the medical safety of woman. The court accepts these interests, but rejects Texas’s absolute rule because: 1. There are 2 counter-weighing interests of the woman: a. The woman has a privacy right grounded in a "penumbra" of Amendments 1, 4, 5, 9, 14, because "activities relating to marriage, procreation, family relationships, and child rearing and education" are "fundamental" and "implicit in the concept of ordered liberty." b. The woman also has an interest in avoiding possible severe physical and psychological harm if an abortion is denied. 2. Also, a fetus is not a "person" within the meaning of the constitution, so it doesn’t get protection as a person. 3. Therefore, a proper rule balances...
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