Chart-Constitutional Law II Cases By Topic

Chart-Constitutional - A 1 2 3 Topic 4 5 I Substantive Due Process Revival For Non-Economic Rights B C D Constitutional Law II Cases By Topic Sub

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
1 Constitutional Law II Cases By Topic Topic Sub Topic Case Name Propositions I. Substantive Due Process Revival For Non-Economic Rights A. Antecedents Meyer v. Nebraska pg. 508 Pierce v. Society of Sisters pg. 59 Skinner v. OK pg. 509 Contraception Griswold v. CT pg. 510 Eisentadt v. Baird pg. 520 Abortion Roe v. Wade pg. 521 Introduces the idea of fundamental rights beyond the right to practice ones profession. Introduces the idea of fundamental rights, such as the right to learn, teach, marry and exact one’s “liberties.” Court again looks beyond economic rights, and invokes liberty rights of parents to control their children’s upbringing and education. Court decides in the framework of equal protection, but the first time court applies strict scrutiny test to non-economic rights that are fundamental, but not specifically stated in the constitution. “Marriage and procreation are fundamental to the very existence and survival of the race.” Court states Lochner will not be the guide and develops the zone of privacy, these penumbra of rights of privacy and repose, within the bill of rights. Finds these substantive rights grounded in the 9th amendment (9th Amendment – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.) Rights are defined as those of tradition and the collective conscience of the people. Also apply the concept of natural law and the concept of ordered liberty. Moves Griswold within the context of individual rights (not just marital). Right of privacy belongs to all individuals. It is an individual liberty and a privacy right to decide whether or not to procreate. Trimester approach:1st Trimester – Only mother and doctor has right to decide 2nd Semester – State can only interfere to protect the life of the mother 3rd trimester – State can regulate to protect the potential Life of a fetus Court revives substantive due process in terms of Liberty Interests. A B C D 1 2 3 4 5 6 7 8 9 10 11
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
2 Constitutional Law II Cases By Topic Topic Sub Topic Case Name Propositions Belloti v. Baird pg. 532 Matheson / Akron pg. 532 Maher v. Roe pg. 533 Harrris v. McCrawe pg.533 Rust v. Sullivan pg. 534 Thornburg / Webster pg. 535 Planned Parenthood v. Casey pg. 53 Reaffirms Roe, but drops tri-mester approach. Gives new rules. Mazurek v. Armstrong pg. 556 Stenberg v. Carhart pg. 556 Family Relationships Loving v. Virginia pg. 559 Zablocki v. Redhail pg. 559 Court says marriage is a fundamental right. Turner v. Safley pg. 560 Moore v. East Cleveland pg.561 The court first recognizes the idea of the mature minor: A minor is not presumed mature, but they can come into court and prove it. Parental consent laws will only be rational if they contain a judicial bypass. Otherwise parental involvement would amount to an “absolute, and possibly arbitrary veto.” Court strikes these down as an imposition (abortion restrictions) of limits on fundamental rights. The court stops short of striking down government
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/15/2008 for the course LAW 1050 taught by Professor Shea during the Spring '04 term at St. Johns Duplicate.

Page1 / 25

Chart-Constitutional - A 1 2 3 Topic 4 5 I Substantive Due Process Revival For Non-Economic Rights B C D Constitutional Law II Cases By Topic Sub

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online