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Public Policy (b.) ? The policy that was questioned was Texas’s (and most of the USA’s) antiabortion laws. Plaintiff’s Argument (c.) ? Roe believed that the laws were unconstitutional, for they regarded private matters. Defendant’s Argument (d.) ? That he was prosecuting within the law ? That it was constitutional to have abortion against the law. Long Term Effects (h.) ? This case stated that it was unconstitutional to make abortions illegal. 1 History 111 & 112 Wright College Library Reference Department Prepared by Daniel Stuhlman and the Wright College Library staff. Homework: #7 for Monday FrontPage: Does the Constitution explicitly guarantee any of the following “rights”?
Personal Liberty: The Right to Privacy The Bill of Rights Institute Charlotte, NC September 30, 2008 Artemus Ward Department of Political Science Northern. CIVIL PROCEDURE CLASS 20 Professor Fischer Columbus School of Law The Catholic University of America October 30, 2001. Procedural Due Process Legal processes that prohibit arbitrary enforce- ment of laws and provide safeguards to ensure protection of an individuals constitutional rights.
Miranda Warnings The warnings are a remedy to this case: You have the right to remain silent. Swann (contd) Pairing and grouping of non-contiguous attendance zones is permissible to achieve desegregation. ROEWADE Defendant: Court District Attorney Henry Wade Was the man who represented the state of Texas in the Texas District.
Duncan began career helping individuals and organizations protect their religious freedoms by teaching con law at U Miss. Pregnancy 3 trimesters, 40 weeks 1 st Trimester 1-12 weeks 2 nd Trimester 13-28 weeks 3 rd Trimester 29-40 weeks. Key Vocabulary Jurisdiction – authority to hear certain cases Original jurisdiction – court in which a case is originally tried Appellate. Standards- The Federal Judiciary ? SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.
The New Judicial Federalism A.The Constitution is the minimum of a persons rights, but such rights are NOT always absolute. Doctrine of Incorporation The 14 th Amendment requires the states to abide by whats in the Bill of Rights and apply those rights to their own state constitutions and laws.


Civil Rights Rights guaranteed by the Constitution that are protected from discrimination based upon ones race, gender or other minority status. Due Process The proper constitutional procedures that govt must follow in arrests, trials, punishments and other legal actions against individuals. TYPES OF DUE PROCESS Substantive due process: Rights of the individual, specified and unspecified in the Constitution, that must be protected from government interference. Wainwright (1963) Issue: Do poor defendants in state-level criminal cases have the right to a public defender under the 6 th Amendment?
UNITED STATES (1967) Issue: Does information collected from a public telephone booth where no trespass onto private property occurred and without a court order for a wiretap, violate search and seizure protections? Leon (1984) A dilution case of the Mapp decision So long as police act in good faith when requesting a warrant, the evidence they collect not covered by the warrant may be used in court even if the warrant is defective. Arizona (contd) Decision: An accused person must be notified of his right to silence and legal counsel upon arrest and during subsequent questioning (procedural due process!) - Violation of 5 th amendments prohibition on self-incrimination - Confessions voluntarily made prior to ones arrest are not covered by Miranda ruling. The Right to Privacy Privacy is not specifically mentioned in the USSC as a specific right, but Court has ruled that the 4 th gives citizens a fundamental right of privacy.
Wade (1973) Abortion established as a constitutional right under the 4 th, 9 th & 14 th Amendments. Reproductive Health Services (1989) - States can refuse to allow public health facilities, employees and funds to be used for abortions. Board of Education (1954) Issue: Can states segregate public schools as a matter of public law?
Board of Education II (1955) In 1955, in Brown II, the USSC ordered states to stop dragging their feet and implement desegregation in public schools ordered in Brown I and to …integrate with all deliberate speed.
Charlotte-Mecklenberg Board of Education (1971) Involved de facto segregation of racially divided neighborhoods. Busing will be used to affect desegregation except when time or distance may be detrimental to student health or impinge on the educational process.
Voting Rights Act of 1965 Major legislation designed to increase black and other minority voter numbers in southern states.
Abortion: the deliberate killing of an unborn human life by means of medical and surgical procedures From ancient times through. There is no mention of “privacy” in the United States Constitution, therefore, Supreme Court cases. Madison (1803) ? William Marbury was commissioned Justice of the Peace of the District of Columbia at the end of President.


Connecticut 1965 ? A Connecticut law, passed in 1879, restricted the use of “any drug, medicinal article or instrument for. The Case ? Debra Massey (formerly Carter) and Robert Carter are a married couple in the state of Pennsylvania ? Massey and Carter carried. The New Judicial Federalism A.The Constitution is the minimum of a persons rights, but such rights are NOT. Much of the Bill of Rights limits state actions by making its guarantees applicable to state law through the 14 th Amendments Equal Protection clause. Arizona Issue: Under what circumstances may an interrogation take place that will produce a confession admissible in a court? Griswold convicted for dispensing birth control devices to unmarried patients and advising on their use contrary to CT law.
Public defenders allowed in any case where a jail sentence of 6 months or more can be imposed.
Illegally obtained evidence, and other evidence gleaned later from that same evidence, is NOT admissible in court and is a violation of substantive due process. Decision: CT law was unconstitutional as it violated 4 th Amendment patient fundamental rights of privacy under the 4 th Amendment.
Right of privacy is broad enough to encompass a womans right to terminate a pregnancy, but no absolute right to abortion exists!
Segregating children in public schools due to race, even though the facilities and other tangible property is equal, is unconstitutional. The Questions Is abortion considered a moral question by the majority of American citizens? Such classification causes feelings of inferiority in those segregated and violates the 14ths Equal Protection clause.
The poor, who must stand in court as equals, deserve counsel as much as the rich who can afford it. De facto segregation: Results from societal patterns over time or through deliberate, personal choice.



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