Political Science Test 3 Material

Political Science Test 3 Material - 3/16/11 Un-enumerated...

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3/16/11 Un-enumerated rights are a more controversial issue in the US than anything else - Abortion, gay marriage - In the bill of rights. Constitution doesn’t really use the term privacy - The court protects the right of abortion. There is more to it though - The constitution points to rights that are not enumerated. o Example: The 9 th amendment explicitly tells us that the constitution shall not be construed to deny or disparage other rights held by people. It then says the fact that we listed them doesn’t mean that those are the only ones. Do not interpret this enumeration as a limitation. They are only listed because they seem especially important and vulnerable to violation o Who is responsible what the un-enumerated rights are? The 14 th amendment contains broad statements about rights. No law can abridge privileges and immunities of the citizens of the United States. o Government tried to outline what were the fundamental rights that everyone would want secured. People who framed this amendment apparently thought fundamental rights would have been included. It recognizes that there are fundamental human liberties that people are entitled to under the constitution. - Due process clause: if the state wants to put you in jail, fine you kill you, they have to follow due process of law in doing so. Guarantee trial by jury, a judge holding his office. You have to be prosecuted under existing law by a person who enforcers the law. The government has given it a much more expansive meaning. This is known as the procedural view. o The court has given a substantive. There are certain things the government can’t do to you no matter what. o Lochner vs. NY (1905): one of the most controversial cases ever decided by judicial error. All bakeries in Ny City can not work more than 60 hours a week. Lochner owned a bakery and broke this rule. He sued the state and took it to
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supreme court. The court has to decide if NY could limit the number of hours worked. What NY did violates the Freedom of Contract. o The court says the 14 th amendment protects the right of people to conduct in lawful contracts o Lochner Era: the principle set down here, freedom of contract, was used to strike down minimum wage laws and in some cases federal child labor law. o Freedom of Contract becomes closely related to social Darwinism. Bad labor contracts come from an excess of labor. The solution some people thought was nature. If nature can do these things, maybe we can speed up the process. Almost no body wants to defend this - Slaughter house cases (1873): The court interpreted privileges and immunities narrowly like the right to sue in federal court. P and I have never been used since then to protect individual rights. It is basically out of the picture. They rely on due process clause 1920: 2 very important cases - Meyer vs. Nebraska (1922): law was passed that banned the teaching of foreign language to anyone who did not pass the 8 th grade yet - Another law was passed to prohibit the use of foreign languages
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Political Science Test 3 Material - 3/16/11 Un-enumerated...

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