AP GOV unit 3.8-3.9 (right to privacy and equal protection)

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:
    1. First Trimester: No state regulation
    2. Second Trimester: Regulation only for mother's health
    3. 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