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Civil Liberties 3

1a. Briefly explain the background of the Roe v. Wade case. A Texas woman wanted an abortion and argued that the state law allowing the procedure only to save the life of a mother was unconstitutional. Texas argued that states had the power to regulate moral behavior.
1b. What constitutional right (not amendment) was used to justify the Court's decision in Roe? A right to privacy under the due process clause in the 14th Amendment extends to a woman's decision to have an abortion.
1c. What did the SC conclude about the role of the state during each trimester of pregnancy? The states interests: protecting prenatal life and protecting the woman's health, become stronger over the course of a pregnancy. States could not control abortions during the 1st; it permitted regulation in a way that protected the mother 2nd; ban 3rd.
1d. What did this decision (about the role of the state during each trimester of pregnancy) unleash? A storm of protest
2a. Provide 2 specific state laws on abortion the SC has upheld. To forbid the use of state funds or state employees to perform abortions and a 24-hour waiting period, a parental or judicial consent requirement for minors, and a requirement that doctors present women with information on the risk of the operation.
2b. Provide 1 state law on abortion the SC struck down. A provision requiring a married woman to tell her husband of her intent to have an abortion.
3. What do 2012 polls show about public opinion on abortion? 52% believe abortion should be legal under certain circumstances, 25% under any circumstance, and 20% illegal in all circumstances.
4. Why is this issue so hard for many politicians? Some people feel very strongly about the matter, enough so that they are "single issue voters" unwilling to support any candidate who disagrees with them.
5a. What 2 rights conflict with regards to abortion? right to life and right to privacy
5b. Provide 1 public policy created to deal with the conflict of rights on abortion consolidated the right to abortion established in Roe with the protection of a woman's right to enter an abortion clinic to exercise that right.
6. What does the 9th Amendment say and mean? - p. 108 "The enumeration in the Constitution, or certain rights, shall not be construed to deny or disparage others retained by the people." Nothing written in the Const. can be used to cancel amendments to it.
7. What does the 10th Amendment say? - p. 108 "The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Created by: Matti



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