Question 1

In April 2010, Nebraska Governor Dave Heinman signed a statute into law banning "abortions beyond 20 weeks of gestation based on disputed claims that a fetus begins to feel pain at that stage." The statute provides for an exception for medical emergencies. According to Denise M. Burke, vice president of legal affairs for Americans United for Life, a nonprofit policy organization that is anti-abortion, the Nebraskan statute "is the first to ban abortion based on that premise." Furthermore, Burke claims "the legislation was bolstered by the 2007 Supreme Court ruling in Gonzales v. Carhart that upheld the federal Partial-Birth Abortion Ban Act of 2003." Considering Stenberg v. Carhart (2000) and Gonzales v. Carhart (2007), would such legislation survive a constitutional challenge before the Supreme Court?
Information from HYPERLINK "http://www.ama-assn.org/amednews/2010/05/10/gvl20510.htm" http://www.ama-assn.org/amednews/2010/05/10/gvl20510.htm, Amednews.com published by the American Medical Association Accessed July 20, 2010.

Accepted Answer

The constitutionality of the Nebraskan statute banning abortions beyond 20 weeks of gestation, with exceptions for medical emergencies, would likely be challenged before the Supreme Court. The statute is based on the premise that a fetus begins to feel pain at 20 weeks, which is a disputed claim. The Supreme Court has previously ruled on abortion-related cases, including Stenberg v. Carhart (2000) and Gonzales v. Carhart (2007), which upheld the federal Partial-Birth Abortion Ban Act of 2003. These rulings provide some precedent for the Nebraskan statute, but the specific issue of banning abortions based on the claim of fetal pain at 20 weeks has not been directly addressed by the Court. The outcome of a constitutional challenge would depend on the specific arguments and evidence presented, as well as the composition of the Court at the time of the challenge.

Question 2

Could the Supreme Court have avoided the abortion controversy altogether? Should it have done so?

Accepted Answer

The Supreme Court could have potentially avoided the abortion controversy altogether by not taking up cases related to abortion rights. However, this would have likely led to continued legal battles at the state level and potentially created even more controversy and confusion.

Whether or not the Supreme Court should have avoided the abortion controversy is a matter of debate. Some may argue that the Court has a responsibility to address important and contentious legal issues, and that avoiding the controversy would have been a dereliction of duty. Others may argue that the Court's involvement has only served to further polarize the issue and that it would have been better for the Court to stay out of it.

Ultimately, the Supreme Court's decision to address the abortion controversy has had significant implications for the legal and social landscape of the United States. While it may have been possible for the Court to avoid the controversy, it is difficult to say whether or not it should have done so. The Court's involvement has undoubtedly shaped the national conversation on abortion rights, but it has also contributed to ongoing division and debate.

Question 3

Could sterilization be constitutionally imposed as punishment for a person convicted of rape?

Accepted Answer

Imposing sterilization as a punishment for a person convicted of rape would raise significant constitutional issues in the United States. The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments, and the Fourteenth Amendment guarantees due process and equal protection under the law.

Historically, the U.S. Supreme Court addressed the issue of compulsory sterilization in the 1927 case Buck v. Bell, where the Court upheld a Virginia law that allowed for the sterilization of individuals deemed "unfit" to procreate for reasons such as mental disability. However, this decision has been widely criticized and is considered by many to be morally and legally wrong. The principles of Buck v. Bell have not been directly overturned, but subsequent legal developments have cast doubt on its authority.

Modern constitutional jurisprudence emphasizes bodily integrity and personal autonomy, which are protected under the due process clause of the Fourteenth Amendment. Forcing sterilization upon a convicted individual as a form of punishment would likely be seen as a violation of these principles. Additionally, such a punishment could be considered discriminatory if it targets specific populations or is applied inconsistently, thus raising equal protection concerns.

Furthermore, the Supreme Court has recognized a fundamental right to procreate in cases such as Skinner v. Oklahoma (1942), where the Court struck down a law allowing for the sterilization of habitual criminals, stating that procreation is one of the basic civil rights of man. This decision suggests that a punishment involving sterilization would face significant constitutional challenges.

In conclusion, it is highly unlikely that sterilization could be constitutionally imposed as a punishment for a person convicted of rape in the United States today. Such a measure would likely be considered a violation of the Eighth Amendment's prohibition on cruel and unusual punishment, as well as the Fourteenth Amendment's due process and equal protection clauses. The right to procreate has been recognized as a fundamental right, and any law or policy that infringes upon this right would be subject to strict scrutiny by the courts and would likely be struck down.

Question 4

Is the constitutional right of privacy only a "negative right" placing limits on government, or does it include a "positive" aspect requiring government to shield individuals from invasions of their privacy?

Accepted Answer

The answer of Is the constitutional right of privacy only...

Question 5

In Doe v. Commonwealth's Attorney (1976), the Supreme Court ________ a federal district court decision upholding Virginia's law proscribing _________.

Accepted Answer

In Doe v. Commonwealth's Attorney (1976), the Supreme Court upheld a federal district court decision that upheld Virginia's law proscribing sodomy, reflecting the legal stance on such matters during that period.

Question 6

If the right of privacy is the right of the individual to make decisions regarding matters of sex and reproduction, as the Supreme Court suggested in Eisenstadt v. Baird (1972), how can laws proscribing acts of sodomy between consenting adults be valid?

Accepted Answer

The answer of If the right of privacy is the...

Question 7

In __________________ the Supreme Court struck down a state law providing for the compulsory sterilization of criminals.

Accepted Answer

Skinner v. Oklahoma (1942) is the case where the Supreme Court struck down a state law providing for the compulsory sterilization of criminals. In Buck v. Bell (1927), the Supreme Court upheld a state law providing for the compulsory sterilization of individuals deemed "unfit" to reproduce, while in Jacobson v. Massachusetts (1905), the Supreme Court upheld a state law mandating vaccination during a smallpox epidemic. Poe v. Ullman (1961) dealt with a challenge to a Connecticut law prohibiting the use of contraceptives.

Question 8

The _________________ protects the individual from unwarranted government interference in intimate personal relationships or activities.

Accepted Answer

The constitutional right of privacy, though not explicitly mentioned in the Constitution, is recognized by the Supreme Court as stemming from various amendments, including the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. It protects individuals from government interference in their intimate personal relationships or activities, including things like contraception, abortion, and homosexual activity. The Fourth Amendment protects against unreasonable searches and seizures, but does not specifically address privacy in personal relationships or activities. The 14th Amendment Privileges and Immunities Clause and Tenth Amendment are not relevant to the issue of privacy.

Question 9

Is there a sound constitutional basis for the right of privacy recognized in Griswold v. Connecticut (1965) and subsequent cases?

Accepted Answer

The answer of Is there a sound constitutional basis for...

Question 10

Should the Supreme Court accord greater importance to the Ninth Amendment as a constitutional source of the right of privacy?

Accepted Answer

The answer of Should the Supreme Court accord greater importance...

Question 11

The English philosopher _______ wrote that "there is a sphere of action in which society, as distinguished from the individual, has, if any, only an indirect interest; comprehending all that portion of a person's life and conduct which affects only himself, or if it also affects others, only with their free, voluntary and undeceived consent and participation."

Accepted Answer

The quote is from John Stuart Mill's book "On Liberty," where he argues for individual freedom and autonomy. Hobbes and Locke focused more on social contract theory, while Bentham is known for utilitarianism.

Question 12

Justice ______________ has written that "Our society prohibits, and all human societies have prohibited, certain activities not because they harm others but because they are considered ... immoral.... While there might be a great diversity of views on whether various of these prohibitions should exist, ... there is no doubt that absent specific constitutional protection for the conduct involved, the Constitution does not prohibit them simply because they regulate 'morality'."

Accepted Answer

The quote is referencing the idea that the Constitution does not prohibit activities simply because they are considered immoral. This perspective is typically associated with the conservative legal philosophy of Justice Antonin Scalia.

Question 13

______ often object to laws regulating sexual conduct, living arrangements, the private use of drugs--even to laws mandating that motorcycle riders wear helmets.

Accepted Answer

Libertarians advocate for maximum individual freedom and minimal government intervention in personal and economic matters. Therefore, they often object to laws that restrict personal freedoms, such as laws regulating sexual conduct, living arrangements, and private use of drugs, as well as laws mandating safety measures like helmet laws.

Question 14

Would the right of privacy bar Congress from attempting to limit the number of children per married couple?

Accepted Answer

The answer of Would the right of privacy bar Congress...

Question 15

Would the Equal Protection Clause of the Fourteenth Amendment be a sounder or a weaker constitutional basis for the Supreme Court's abortion decisions than the "right to privacy" implicit in the Due Process Clause of the Fourteenth Amendment?

Accepted Answer

The answer of Would the Equal Protection Clause of the...

Question 16

If you were nominated to serve on the Supreme Court, would you answer questions from the Senate judiciary committee pertaining to your predisposition to follow Roe v. Wade?

Accepted Answer

The answer of If you were nominated to serve on...

Question 17

The political philosophy of _____________ holds that individual freedom is the highest good, and that law should be interpreted to maximize the scope of individual freedom.

Accepted Answer

The political philosophy described in the statement is libertarianism, which prioritizes individual freedom and limited government intervention. Populism, conservatism, and liberalism may also value individual freedom but do not prioritize it above all else in the same way as libertarianism.

Question 18

In __________ the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Accepted Answer

In Roe v. Wade (1973), the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Question 19

In Planned Parenthood v. Casey (1992), the Supreme Court struck down a state requirement that a married woman seeking an abortion must ________.

Accepted Answer

In Planned Parenthood v. Casey (1992), the Supreme Court struck down a state requirement that a married woman seeking an abortion must notify her husband of her intentions as it was deemed an undue burden on the woman's right to choose.

Question 20

Is the so-called "right to die" a slippery slope leading inevitably to the legalization of mercy killing and assisted suicide?

Accepted Answer

The answer of Is the so-called "right to die" a...

Quiz 6: Personal Autonomy and the Constitutional Right of Privacy

Could the Supreme Court have avoided the abortion controversy altogether? Should it have done so?

Could sterilization be constitutionally imposed as punishment for a person convicted of rape?

Is the constitutional right of privacy only a "negative right" placing limits on government, or does it include a "positive" aspect requiring government to shield individuals from invasions of their privacy?

In Doe v. Commonwealth's Attorney (1976) , the Supreme Court a federal district court decision upholding Virginia's law proscribing _.

If the right of privacy is the right of the individual to make decisions regarding matters of sex and reproduction, as the Supreme Court suggested in Eisenstadt v. Baird (1972), how can laws proscribing acts of sodomy between consenting adults be valid?

In __________________ the Supreme Court struck down a state law providing for the compulsory sterilization of criminals.

The _________________ protects the individual from unwarranted government interference in intimate personal relationships or activities.

Is there a sound constitutional basis for the right of privacy recognized in Griswold v. Connecticut (1965) and subsequent cases?

Should the Supreme Court accord greater importance to the Ninth Amendment as a constitutional source of the right of privacy?

______ often object to laws regulating sexual conduct, living arrangements, the private use of drugs--even to laws mandating that motorcycle riders wear helmets.

Would the right of privacy bar Congress from attempting to limit the number of children per married couple?

Would the Equal Protection Clause of the Fourteenth Amendment be a sounder or a weaker constitutional basis for the Supreme Court's abortion decisions than the "right to privacy" implicit in the Due Process Clause of the Fourteenth Amendment?

If you were nominated to serve on the Supreme Court, would you answer questions from the Senate judiciary committee pertaining to your predisposition to follow Roe v. Wade?

The political philosophy of _____________ holds that individual freedom is the highest good, and that law should be interpreted to maximize the scope of individual freedom.

In __________ the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

In Planned Parenthood v. Casey (1992) , the Supreme Court struck down a state requirement that a married woman seeking an abortion must ________.

Is the so-called "right to die" a slippery slope leading inevitably to the legalization of mercy killing and assisted suicide?

Quiz 6: Personal Autonomy and the Constitutional Right of Privacy

Could the Supreme Court have avoided the abortion controversy altogether? Should it have done so?

Could sterilization be constitutionally imposed as punishment for a person convicted of rape?

Is the constitutional right of privacy only a "negative right" placing limits on government, or does it include a "positive" aspect requiring government to shield individuals from invasions of their privacy?

In Doe v. Commonwealth's Attorney (1976) , the Supreme Court ________ a federal district court decision upholding Virginia's law proscribing _________.

If the right of privacy is the right of the individual to make decisions regarding matters of sex and reproduction, as the Supreme Court suggested in Eisenstadt v. Baird (1972), how can laws proscribing acts of sodomy between consenting adults be valid?

In __________________ the Supreme Court struck down a state law providing for the compulsory sterilization of criminals.

The _________________ protects the individual from unwarranted government interference in intimate personal relationships or activities.

Is there a sound constitutional basis for the right of privacy recognized in Griswold v. Connecticut (1965) and subsequent cases?

Should the Supreme Court accord greater importance to the Ninth Amendment as a constitutional source of the right of privacy?

______ often object to laws regulating sexual conduct, living arrangements, the private use of drugs--even to laws mandating that motorcycle riders wear helmets.

Would the right of privacy bar Congress from attempting to limit the number of children per married couple?

Would the Equal Protection Clause of the Fourteenth Amendment be a sounder or a weaker constitutional basis for the Supreme Court's abortion decisions than the "right to privacy" implicit in the Due Process Clause of the Fourteenth Amendment?

If you were nominated to serve on the Supreme Court, would you answer questions from the Senate judiciary committee pertaining to your predisposition to follow Roe v. Wade?

The political philosophy of _____________ holds that individual freedom is the highest good, and that law should be interpreted to maximize the scope of individual freedom.

In __________ the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

In Planned Parenthood v. Casey (1992) , the Supreme Court struck down a state requirement that a married woman seeking an abortion must ________.

Is the so-called "right to die" a slippery slope leading inevitably to the legalization of mercy killing and assisted suicide?

In Doe v. Commonwealth's Attorney (1976) , the Supreme Court a federal district court decision upholding Virginia's law proscribing _.