[2], The Tenth Amendment also allows states to guarantee rights and liberties more fully or extensively than the federal government does, or to include additional rights. The contraceptive coverage controversy of the Hobby Lobby case demonstrates the topics continuing relevance. Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”, Unlike the other provisions of the Bill of Rights, this amendment focuses on power rather than rights. Freedom for the Thought That We Hate: A Biography of the First Amendment. They can peek into fenced backyards and monitor activity inside houses and other buildings using infrared cameras. A broad range of expert witnesses gave evidence to us, including two former Attorneys General, and our views are informed by that evidence. For example, in 1997 the Supreme Court struck down part of a federal law that required state and local law enforcement to participate in conducting background checks for prospective gun purchasers, while in 2012 the court ruled that the government could not compel states to participate in expanding the joint state-federal Medicaid program by taking away all their existing Medicaid funding if they refused to do so. The First Amendment and the Fifth Estate: Regulation of Electronic Mass Media. In 1972, four states permitted abortions without restrictions, while thirteen allowed abortions “if the pregnant woman’s life or physical or mental health were endangered, if the fetus would be born with a severe physical or mental defect, or if the pregnancy had resulted from rape or incest”; abortions were completely illegal in Pennsylvania and heavily restricted in the remaining states.[10]. [6], Lawyers Samuel D. Warren and Louis Brandeis (the latter a future Supreme Court justice) famously developed the concept of privacy rights in a law review article published in 1890. Both these senses of privacy are examined below. Supreme Court justices over the years have interpreted the Ninth Amendment in different ways; some have argued that it was intended to extend the rights protected by the Constitution to those natural and common-law rights, while others have argued that it does not prohibit states from changing their constitutions and laws to modify or limit those rights as they see fit. %PDF-1.5 %���� What are the implications of the Supreme Court decision in. For example, in the nineteenth and twentieth centuries, the right to vote was gradually expanded by a series of constitutional amendments (the Fifteenth and Nineteenth), even though at times this expansion was the subject of great public controversy. What do you think is the right balance for our society to strike? At times, politicians and state governments have argued that this allows states to engage in interposition or nullification by blocking federal laws and actions they deem to exceed the constitutional powers of the national government. Thus, the court upheld some state restrictions, including a required waiting period between arranging and having an abortion, parental consent (or, if not possible for some reason such as incest, authorization of a judge) for minors, and the requirement that women be informed of the health consequences of having an abortion. Why or why not? Eighteen states include the right to hunt game and/or fish. Police can set up a small device called a Stingray that identifies and tracks all cell phones that attempt to connect to it within a radius of several thousand feet. We noted previously that James Madison and other framers were aware they might endanger some rights if they listed some in the Constitution and omitted others. Bilder, Mary Sarah. One form of technology that has made it easier to potentially monitor people’s movements is electronic toll collection, such as the E-ZPass system in the Midwest and Northeast, FasTrak in California, and I-Pass in Illinois. Describe two ways in which new technological developments challenge traditional notions of privacy. However, supporters of a broad interpretation of the Ninth Amendment point out that the rights of the people—particularly people belonging to political or demographic minorities—should not be subject to the whims of popular majorities. Why or why not? However, this legal development is relatively new; as recently as 1986, the Supreme Court ruled that states could still criminalize sex acts between two people of the same sex. Although the proposal failed, it was certainly a valuable learning experience for the students who took part. State courts at times have interpreted state constitutional provisions to include broader protections for basic liberties than their federal counterparts. Schwarz, John E. 2005. They can be used for many purposes that would benefit society and, perhaps, even enhance our freedoms. h��Vmo9�+���U���/+UH� -�A�B�V�.��-��u�����,�(i�~�,��3��3����f�I��J�4IǔT8�L���� M��w�a�QG�q6�W��i�rǤp� K>)�Q�����\-��m��p�x;;�C x�X���}�W���S2��!�:��^����6V�"\��M�ƭ_w�)>�5�]l6�����V�p2g�ĺK|4�v��5/������M9e�χ�l>�ݿ��$�����z�cN|iY�#�������O�Ӻ�[�&�Bj^�ݛTm�3sA�U��D��u�tL>n�����=٘V���q[�_���c���E���DoC��j���. 1232 0 obj <>stream The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court's considered judgment, conflict with the Constitution. Landmark Supreme Court Cases From the first days of American history until today, the Supreme Court has been pivotal in interpreting the Constitution and shaping America’s constitutional republic. Or would you get rid of some of these protections instead? Why? Prostitution remains illegal in every state except in certain rural counties in Nevada; both polygamy (marriage to more than one other person) and bestiality (sex with animals) are illegal everywhere. To this day, we regularly exercise and take for granted rights that aren’t written down in the federal constitution, like the right to marry, the right to seek opportunities for employment and education, and the right to have children and raise a family. Since these are in effect the people’s resources, do you think they are being well spent? European countries also tend to have stricter laws limiting the collection, retention, and use of private data by companies, which makes it harder for governments to obtain and use that data.

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