lecture 15

lecture 15 - 3/3/10: (Lecture 15) The Attitudinal Model:...

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3/3/10: (Lecture 15) The Attitudinal Model: Constitutional Area 1: The Free Exercise Clause Wisconsin v. Yoder Employment Division of Human Resources v. Smith (1990) Most dominant view of why policy changes at the US SC Constitutional Area 2: Development of Right to Privacy Attitudes don’t only effect the justices, but cultural aspects Buck v. Bell (1927) Legalized the sterilization of mentally and physically challenged individuals or those who are feeble minded Public cost of safety Griswold v. Connecticut (1965) Dealt with state that banned the distribution of contraceptives or knowledge of their use Used the right of privacy, not explicitly stated in the Constitution, to overturn this state law Viewed as a liberal act of the Warren court Decision would have shocked justices seen in the previous case of Buck The context of the justices who sat on the court 40 years ago is different from the context of those sitting on the court up to this point Lawrence v. Texas (2003) Right to privacy in the home in that two bisexual individuals were arrested for having sex in their home Texas anti-sodomy law SC overrules a similar pervious ruling Court was conservative at this point of time, which serves as shocking when one looks at the decision When it comes to decision-making: What you want to do, what you should do, and what you can do
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lecture 15 - 3/3/10: (Lecture 15) The Attitudinal Model:...

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