The Ninth Amendment protects fundamental rights derived from those specifically

The ninth amendment protects fundamental rights

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The Ninth Amendment protects fundamental rights derived from those specifically enumerated in the first eight amendments. In the absence of some specific prohibition, the Bill of Rights and the Fourteenth Amendment does not allow judicial annulment of state legislative policies, even if those policies are abhorrent to a judge or justice. Roe v. Wade: Main Ideas: The Court declared unconstitutional a Texas law making it a crime to obtain an abortion except for the purpose of saving the woman’s life. The Court declared that in the first three months of pregnancy, the abortion decision must be left to the woman and her physician. In interest of protecting the woman’s health, states may restrict but not prohibit abortions in the second three months of pregnancy. In the last three months of pregnancy, states may regulate or even prohibit abortions to protect the life of the fetus unless medical judgment determines the abortion is necessary to save the woman’s life. Legal Standards: The right to privacy protected by the due process clause of the Fourteenth Amendment. In the absence of guiding principles, the majority justices substituted their views for views of the state legislatures whose abortion regulations they invalidated. How is the right to privacy different from other rights/liberties in the Bill of Rights? The right of a person to be free from intrusion into or publicity concerning matters of a personal nature; has also been held to be encompassed in the Bill of Rights, providing protection from unwarranted governmental intrusion into areas such as marriage and contraception. A right not enumerated in the Constitution but falls under the Ninth Amendment of other rights. The right to privacy is not explicitly stated in the U.S. Constitution, but some amendments provide some protections. 26
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Three main ideas of the 14th Amendment. SEE ABOVE Racial segregation and Jim Crow laws/black codes. Racial segregation: separation from society because of race. Black codes: legislation enacted by former slave states to restrict the freedom of blacks. Jim Crow laws: laws enacted to reinforce segregation; Jim Crow was a derogatory term for a black person. Separate but equal doctrine (Plessy v. Ferguson). Separate-but-equal-doctrine: the concept that providing separate but equivalent facilities for blacks and whites satisfies the equal protection clause of the Fourteenth Amendment. Held that separate facilities for blacks and whites satisfied the Fourteenth Amendment as long as they were equal. Plessy v. Ferguson: Main Ideas: Adolph Plessy, who was seven-eighths Caucasian, took a seat in a “whites-only” car of a Louisiana train; he refused to move to the car reserved for blacks and was arrested.
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  • Spring '17
  • UNKNOWN
  • Government, United States Congress, ​ immunity

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