PSC 2302 Lecture Notes - Lecture 20: Miscarriage, Planned Parenthood, Strict Scrutiny
6 Dec 2016
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Beyond the bor: voting- yes, (reynolds v sims) it is essential for liberty and democracy, education- no (san antonio v rodriguez. Not a fundamental right because it is not in the const, Historically rooted in that it is tied to the ideas of federalism: the right to privacy is a fundamental right by the penumbras/implied of the const text, origins. 1st- freedom of association: not in the actual amendment but the above is implied from freedom of assembly. 3rd- quartering of soldiers: ties to having privacy in the home. 4th -search and seizure: this implies the privacy in your home and person and free from governmental interference. 5th- self-incrimination: plead the fifth implies privacy. 9th- right retained by the people: the language of the opinion focuses on married couples, eisentadt v baird 1972- not the shift in their opinion about the right to privacy. Justice black explores it all the way back to ancient greece.
