october_1st_lecture_doc - Political Science 104...

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Political Science 104 Introduction to American Government Lecture October 1, 2007 Supreme Court 2007 Term • Key cases: Does “lethal injection” violate the 8 th amendment? Do voter-ID laws unconstitutionally burden the right to vote? Does the Military Commission Act unconstitutionally strip federal courts of jurisdiction to hear habeas complaints? Can the president order a state court to give a new hearing to inmate, under international treaty The Right to Privacy • Griswold v. Connecticut (1965): overturned law banning the use of contraceptives and instruction in their use • Decision identified a constitutional right to privacy • Key to Roe v. Wade Limits on The Right to Privacy Roe v. Wade : balances woman’s right to privacy against government’s interest in protecting a viable fetus (states allowed to restrict most 3d trimester abortions) States can impose some restrictions, as long as they do not create an “undue burden” waiting periods informed consent ok, spousal notification no precedent reinforced in 1992 (Planned Parenthood v Casey) Affirmative Action • Involves government consideration of race in provision of benefits (hiring, contracts, university admission) Some application to private entities through nondiscrimination laws • Racial classifications considered inherently suspect, subject to strict scrutiny
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