DUE PROCESS and the Right to PRIVACY [AP Gov Review, Unit 3 Topic 9 (3.9)]

Summary

This video delves into the constitutional right to privacy, exploring its implicit establishment through Supreme Court cases like Pierce v. Society of Sisters, Griswold v. Connecticut, and Roe v. Wade. It explains how the due process clause of the Fourteenth Amendment limits state actions against individual rights, highlighting that while the right to privacy isn't explicitly stated in the Bill of Rights, it is a vital interpretation based on various amendments. The discussion emphasizes the complexities and ongoing debates surrounding privacy rights, especially regarding reproductive freedom.

Takeaways

• 😀 The constitutional right to privacy is not explicitly stated in the Bill of Rights, but has been established through Supreme Court interpretations.
• 🛡️ The Due Process Clause of the 14th Amendment limits states from infringing on individual rights.
• 📜 The concept of selective incorporation explains how the protections of the Bill of Rights apply to the states.
• 👩‍⚖️ The case Pierce v. Society of Sisters (1925) set the stage for the court's interpretation of the right to privacy by recognizing parental rights in education.
• 💑 Griswold v. Connecticut (1965) established the right to privacy regarding contraceptive use for married couples.
• 🌑 Justice William Douglas described rights in the Bill of Rights as having 'penumbras' or shadows that create zones of privacy.
• 📚 The Supreme Court has extended the right to privacy to include decisions about what individuals can read or watch in their homes.
• 👶 Roe v. Wade (1972) confirmed a woman's constitutional right to make decisions about abortion as part of her right to privacy.
• ⚖️ The Court ruled that a woman's right to privacy regarding abortion is not absolute and can be limited by the state's interests.
• 🔄 The framework established by Roe v. Wade allows states to regulate abortions based on the trimester of pregnancy, particularly emphasizing the point of viability.

Q & A

What is the primary focus of the video regarding the constitutional right to privacy?

The video explains how states are limited by the due process clause from infringing upon individual rights, specifically focusing on the constitutional right to privacy.

How does the Supreme Court apply the protections of the Bill of Rights to the states?

The Supreme Court uses the process of selective incorporation, which applies the protections of the Bill of Rights to the states through the Equal Protection Clause of the 14th Amendment.

What does the 14th Amendment state about the protection of civil liberties?

The 14th Amendment states that no state shall make or enforce any law that abridges the privileges or immunities of U.S. citizens, nor deny any person within its jurisdiction the equal protection of the law.

Is the right to privacy explicitly mentioned in the Bill of Rights?

No, the right to privacy is not explicitly mentioned in the Bill of Rights, but it has been established as an implicit right through several Supreme Court cases.

What was the significance of the case Pierce v. Society of Sisters (1925)?

The case established that parents have the right to make decisions regarding their children's education, which set the stage for later interpretations of the right to privacy.

How did the Supreme Court define the right to privacy in Griswold v. Connecticut (1965)?

In Griswold v. Connecticut, the Supreme Court ruled that the government could not infringe upon a married couple's right to privacy in making health decisions, specifically regarding contraceptives.

What metaphor did Justice William Douglas use to explain the right to privacy in his majority opinion?

Justice Douglas used the metaphor of 'light and shadows' to describe how specific guarantees in the Bill of Rights create 'zones of privacy,' which are the shadows cast by those rights.

What landmark decision did Roe v. Wade (1972) establish regarding a woman's right to choose?

Roe v. Wade established that a woman's right to make decisions about her abortion is included in her right to privacy, although this right is not absolute and must be balanced against state interests.

What are the state interests that can temper a woman's right to privacy according to Roe v. Wade?

State interests that can temper a woman's right to privacy include safeguarding health, maintaining medical standards, and protecting potential life, especially as the pregnancy progresses.

How did the court delineate the stages of pregnancy in relation to abortion rights?

The court determined that in the first trimester, states cannot restrict abortion; in the second trimester, states may impose restrictions related to the mother's health; and in the third trimester, states can prohibit abortions except when the mother's health or life is at stake.