LAW 5021 Lecture Notes - Lecture 9: Korematsu V. United States, Intermediate Scrutiny, Lifesaving
23 Feb 2017
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Not until griswold that court looks beyond incorporation: individual right to common-use arms and not around sensitive places (government, schools). Court looks right by right against the state. Problem: the second amendment no incorporation issue; once second amendment is applied- same thing as against the state sex offender: includes both misdemeanor (public urination) and felony. Xxvii: individual rights: c. liberty and the constitution: introduction to. Is there a right to marry: griswold v. connecticut; trying hard not to say it is due process clause--- fundamental right approach. Right to privacy explodes pretty quickly. modern substantive due process. Right for married couples- makes it very clear. Court trying to constrain the right because scared of lochner. Test for due process: backward-looking; looking at tradition- so that we do not get away from tradition. Test for equal protection: it is forward-looking; meant to change america (to undo traditional discrimination). Griswold is in the case because she is physician.
