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16 Cards in this Set

  • Front
  • Back

Is there a general right of privacy?

No. It is privacy concerning certain realms or certain decisions.

How does SCOTUS define "liberty" from Bill of Rights?

"Liberty" is with reference to those "rights" implicit in the concept of liberty. The Bill of Rights "liberty" applies to the States via due process of 14th Amendment.

What rights are included in due process according to Meyers?

Right to marry, raise a family, worship God, and those rights which were considered essential to the ordinary pursuit of happiness in the long-standing tradition of the common law.

Skinner v. Oklahoma - Douglas (unanimous majority)

Applies strict scrutiny because they classify the right to procreate as a fundamental right because it is fundamental to the very existence and survival of the race.

Griswold v. Connecticut - Douglas (majority)

Applies strict scrutiny. Right of marital privacy is older than the Bill of Rights. This right is violated by Connecticut's statute. The objective was legitimate, but the means were too destructive of the constitutional right involved. The statute is TOO BROAD and too intrusive to achieve the governmental objectives.

Griswold v. Connecticut - Goldberg (concurrence)

The right to marital privacy is in the concept of liberty that protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights.

Griswold v. Connecticut - Harlan (concurrence)

Seeks to protect those rights that long-standing have been considered essential for the ordered pursuit of liberty by free men.

Reconciles wrongfulness of sodomy, fornication, adultery, etc. with the allowance of married couples to use contraception because the authority of contraception is delegated to the married couple with the hope that they will use it the way common law meant it be used, i.e. pro-procreative.

Griswold v. Connecticut - White (concurrence)

Broad ban is of "marginal utility to the declared objective." Essentially, a statute limiting its prohibition on use to persons engaging the prohibited relationship would serve the end posited in the same way.

Griswold v. Connecticut - Black (dissent)

The government has a right to invade marital privacy unless prohibited by some specific constitutional provision.

Griswold v. Connecticut - Stewart (dissent)

No constitutional provision makes this law invalid. There is no general right of privacy in the Bill of Rights.

Is Eisenstadt reconcilable with Griswold?

Distinction: Brennan applies right of privacy to single people as well as married couples. This right is now based on a fundamental right of the individual.

Reconcilable: Individuals have rights while marriages don't; however, there are some rights that can only be exercised within associations (such as corporate or marital). Thus reconcilable.

Is Humanae Vitae reconcilable with Griswold?

No. According to HV, governments must not: (1) Allow the morals of the people tobe undermined with respect to contraceptives, or (2) Introduce practices opposed tonatural law into the family (including contraception), since the family is theprimary unit in the state.

According to Humanae Vitae, why is contracepting immoral?

It eliminates the procreative aspect of intercourse, which is essentially combined of unitive and procreative qualities. You cannot sever the two and still have a true marital relationship.

According to Humanae Vitae, what happens when you sever unitive and procreative qualities?

It creates a much easier temptation for marital infidelity and a general lowering of moral standards.

Men may forget reverence due to women and reduce her to a mere instrument.

If contraception doesn't work, may stoop to an abortion.

According to Humanae Vitae, what should the public authorities do in regards to contraception?

They must safeguard the common good and preserve morals and defend the family. Such a statement is irreconcilable with Griswold.

According to Humanae Vitae, what are the specific problems with contraception?

Not that it is artificial. Rather, contraception acts against the purposeof intercourse. There is a difference between not taking advantage of afunction (via NFP) and going directly against it. Contraception goes against it.