Term
| What makes something a fundamental right? |
|
Definition
| It's "inherent in the concept of ordered liberty" or "so rooted in the history and traditions of our people to rank as fundamental." |
|
|
Term
|
Definition
| 1905; Lochner broke the NY state law limiting the amount of time someone can work in a bakery. The theory was that people have the freedom to bargain for a job. |
|
|
Term
|
Definition
| You have the right to make contracts and police power and health are irrelevant. |
|
|
Term
| Pierce v. Society of Sisters facts |
|
Definition
| 1925; Private schools sued to overturn an OR compulsive attendance law. The issue was parents' rights |
|
|
Term
| Pierce v. Society of Sisters holding |
|
Definition
| Parents have a fundamental right to educate their own kids. |
|
|
Term
| Troxell v. Granville facts |
|
Definition
| 2000; Troxell were grandparents who wanted to see their grandkids. A statute said the Court could give visitation rights to anyone if it helped the kids. |
|
|
Term
| Troxell v. Granville holding |
|
Definition
| Parents have the right to decide who visits their kids. And they shouldn't have to prove that the visitor would hurt their kids; it's the other way around. |
|
|
Term
| Griswold v. Connecticut facts |
|
Definition
| 1965; A Connecticut statute banned contraceptives, and the directors of Planned Parenthood were convicted. |
|
|
Term
| Griswold v. Connecticut holding |
|
Definition
| Some amendments have penumbras, and when you put those penumbras together, you get zones of privacy. The court said it was protecting the privacy of married couples. |
|
|
Term
|
Definition
| 1973; Planned Parenthood bullied Norma McCorvey into suing for the right to have an abortion. |
|
|
Term
|
Definition
| Abortion is protected by the 14th amendment. There's a longstanding legal acceptance of it. The court wouldn't say when life began. |
|
|
Term
|
Definition
-The court actually did decide when life began.
-Abortion wasn't a fundamental right; it was under strict scrutiny. |
|
|
Term
| Roe v. Wade trimester shtuff |
|
Definition
-1st trimester: no regulation
-2nd trimester: lots of regulation
-3rd trimester: state can ban abortion |
|
|
Term
| Planned Parenthood v. Casey |
|
Definition
| cemented Roe, scratched the trimester framework, got rid of strict scrutiny, and said the government can't unduly burden the woman's right to an abortion. Liberty = the right to define the concept of the mystery of human life. |
|
|
Term
|
Definition
| A GA law banned all sodomy. The court said the government had the right to legislate morality, since that's what law is. |
|
|
Term
|
Definition
| 2003; the court overruled Bowers and said it was bad to discriminate against gay sodomy and the government needed to enforce majority opinion, and the last 1/2 century's traditions were most important. |
|
|
