Save
AP GOV unit 3.8-3.9 (right to privacy and equal protection)
Save
Share
Learn
Content
Leaderboard
Learn
Created by
grace fisher
Visit profile
Cards (51)
What are the central conflicts discussed in the study material?
Individual liberty
vs.
community safety
and
majority will
vs.
minority rights
Does the U.S.
Constitution
explicitly mention a "right to privacy"?
No
, it does
not
explicitly
mention a "
right
to
privacy.
"
Which amendment provides protections against unreasonable searches that relate to privacy?
The 4th Amendment provides protections against unreasonable searches.
What was the significance of the cases dealing with privacy in the context of new technologies?
They were decided under the
purview
of the
4th Amendment
.
What social developments in the 1960s influenced the discussion of privacy rights?
Women's rights
and
sexual liberation
influenced the discussion.
What controversial development became a focal point in the privacy rights debate during the 1960s?
The development of oral birth control, known as "
The Pill
."
What was the outcome of the conflict surrounding "The Pill"?
It resulted in the case
Griswold
v.
Connecticut
.
What was the background of Griswold v. Connecticut?
Connecticut had strict
anti-contraception
laws since
1879
.
The law prohibited any form of
birth control
and counseling about it.
Estelle Griswold
and
Dr. C. Lee Buxton
opened a birth control clinic to challenge the law.
They were arrested and convicted for violating the law.
What was the Supreme Court's ruling in Griswold v. Connecticut?
The law was ruled
unconstitutional
for violating the right to
marital privacy
.
How did the Supreme Court justify the right to privacy in Griswold v. Connecticut?
It was inferred from the "
penumbras
" of several amendments.
Which amendments were cited as creating a "zone of privacy" in Griswold v. Connecticut?
The
1st
,
3rd
,
4th
,
5th
, and
9th
Amendments.
What is the purpose of the 9th Amendment in the context of rights?
It reserves additional rights not
enumerated
to the people.
How has the 9th Amendment been used in Supreme Court rulings?
It has
rarely
been invoked in
major rulings.
What do conservative judges typically view the 9th Amendment as?
As a
rule of construction
rather than an independent source of rights.
Which clause do courts tend to rely on to protect unenumerated rights instead of the 9th Amendment?
The
Due Process Clause
of the
14th Amendment
.
What is the significance of the case Griswold v. Connecticut?
It is important in the development of
substantive due process
.
What does substantive due process protect?
It protects certain
fundamental rights
from government interference.
How does substantive due process differ from procedural due process?
Substantive due process addresses what laws the
government
may pass, while procedural due process ensures fair legal procedures.
What issue did substantive due process address following Griswold?
Access
to
abortion.
What was the legal context of Roe v. Wade?
It challenged restrictive
abortion laws
in Texas.
What constitutional right did Roe argue was violated by Texas abortion laws?
The
right to privacy
.
What was the Supreme Court's ruling in Roe v. Wade regarding a woman's right to choose an abortion?
It was encompassed within the
right to privacy
.
What trimester framework did the Supreme Court establish in Roe v. Wade?
First trimester
: no regulation;
second trimester
: regulation for health;
third trimester
: interest in potential life.
What was the impact of Roe v. Wade on state abortion laws?
It struck down many state abortion laws and established a
constitutional
right to abortion.
Which groups opposed Roe v. Wade and why?
Religious and
conservative
groups opposed it, equating abortion with the taking of innocent life.
How did the issue of abortion affect political affiliations in the U.S.?
It became a wedge issue that shifted some
Democratic
supporters to
Republican
voters.
What organizations emerged as powerful forces in the abortion debate?
Pro-life organizations like the
National Right to Life Committee
and pro-choice groups like
NARAL Pro-Choice America
.
What changes did Pennsylvania make to its Abortion Control Act in 1989?
It added restrictions like
informed consent
, a 24-hour waiting period,
parental consent
, and
spousal notification
.
What was the basis of Planned Parenthood's lawsuit against Pennsylvania's provisions?
They argued that the provisions placed
unconstitutional
burdens on a woman's right to an abortion.
What was the Supreme Court's decision in Planned Parenthood v. Casey regarding the undue burden test?
It stated that a law imposes an undue burden if it places a substantial obstacle in the path of a woman seeking an abortion before
fetal viability
.
What did the Supreme Court uphold and strike down in Planned Parenthood v. Casey?
It upheld most provisions like the
24-hour waiting period
and struck down the spousal notification requirement.
What law did Mississippi pass in 2018 regarding abortion?
The Gestational Age Act
, banning most abortions after 15 weeks.
What was the argument made by Jackson Women's Health organization against the Gestational Age Act?
They argued it violated the constitutional protections established in
Roe
and
Casey
.
What was the Supreme Court's ruling in Dobbs v. Jackson Women's Health organization?
It ruled that the constitution does not confer a right to abortion, overturning
Roe
and
Casey
.
What are the key components of the majority decision in Roe v. Wade?
Right to privacy
inferred from the
Due Process Clause
A woman's right to choose an abortion is constitutionally protected
Trimester framework
established:
First Trimester: No state regulation
Second Trimester: Regulation only for mother's health
Third Trimester: State interest in protecting potential life
What are the key components of the majority decision in Planned Parenthood v. Casey?
Reaffirmed core holding of
Roe v. Wade
Introduced the
undue burden test
Upheld most provisions of Pennsylvania's law
Struck down spousal notification requirement
What are the implications of the Dobbs v. Jackson Women's Health decision?
Overturned
Roe v. Wade
and
Planned Parenthood v. Casey
Declared that the regulation of abortion is a state matter
Removed
federal constitutional protections
for abortion rights
What is the central conflict highlighted in the study material regarding abortion rights?
Majority will vs. minority rights
Balancing the rights of women against societal and moral perspectives
What are civil rights based on?
Equal treatment
based on certain characteristics
Name two characteristics that civil rights are based on.
Race
and
gender
See all 51 cards