Question 1

Which of the following types of conduct are not included in the right to privacy?

Accepted Answer

While the right to privacy encompasses personal decisions related to reproductive health and personal relationships (such as the use of contraceptives, procreation, and marriage), it does not extend to the act of suicide, which is typically considered a public health concern and subject to regulation.

Question 2

In Griswold v.Connecticut, 381 U.S.479 (1965), the Court invalidated a law that made it a crime to give information or advice about contraceptives to married persons.

Accepted Answer

The statement accurately reflects the outcome of the Griswold v. Connecticut case.

Question 3

When the Supreme Court reviews laws or government practices that interfere with the right to privacy, it uses the

Accepted Answer

When the Supreme Court reviews laws or government practices that interfere with the right to privacy, it uses the strict scrutiny standard. This means that the law or practice must serve a compelling state interest and be narrowly tailored to achieve that interest. This high standard reflects the importance placed on protecting individual privacy rights by the Court.

Question 4

Since the restriction on the use of contraceptives violates the right of marital privacy, laws restricting use of contraceptives among unmarried individuals are constitutional.

Accepted Answer

The Supreme Court has held that the right to use contraceptives is a fundamental right and is protected by the right to privacy. This protection applies to both married and unmarried individuals. Therefore, laws restricting the use of contraceptives among unmarried individuals would also be unconstitutional.

Question 5

The protections afforded by the right to privacy often overlap with protections afforded by other rights.

Accepted Answer

The right to privacy often overlaps with other rights such as freedom of speech, freedom of association, and freedom from unreasonable search and seizure.

Question 6

The Supreme Court's attitude toward privacy and sexual orientation and actions

Accepted Answer

The Supreme Court's attitude toward privacy and sexual orientation and actions has changed over the last 20 years. In 2003, the Court struck down sodomy laws in Lawrence v. Texas, recognizing the right to engage in consensual sexual activity as a fundamental right under the Due Process Clause of the Fourteenth Amendment. Since then, the Court has extended the right to marry to same-sex couples in Obergefell v. Hodges in 2015, further recognizing the importance of privacy and autonomy in sexual orientation and actions.

Question 7

The Constitution does not provide a specific right to privacy; privacy is included in the protections afforded to "liberty."

Accepted Answer

The Supreme Court has interpreted the Fourteenth Amendment's due process clause as including a right to privacy, which is encompassed under the broader protection of "liberty."

Question 8

The Supreme Court has held that sex between consenting adults is protected by the right of privacy.

Accepted Answer

The Supreme Court's decision in Lawrence v. Texas (2003) struck down state laws banning consensual sexual conduct between same-sex couples, and held that intimate sexual conduct was protected by the right of privacy under the Due Process Clause of the Fourteenth Amendment.

Question 9

Privacy is not considered a fundamental right.

Accepted Answer

Privacy is considered a fundamental right by many countries and international organizations including the United Nations. The right to privacy is recognized in Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Additionally, many countries have explicit privacy laws and regulations to protect individuals' personal information.

Question 10

A law prohibiting the sale of nonprescription contraceptives to anyone less than 16 years of age

Accepted Answer

The law would likely be deemed unconstitutional unless the state can demonstrate that it serves a significant state interest, as the restriction on access to contraceptives implicates the fundamental right to privacy. Additionally, age 16 as a cutoff could be seen as arbitrary and not sufficiently tailored to the state's interest.

Question 11

The Ninth Amendment

Accepted Answer

The Ninth Amendment states that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This means that just because a right is not specifically mentioned in the Constitution doesn't mean it doesn't exist. It does not expressly provide for a right to privacy; that interpretation comes from later Supreme Court rulings.

Question 12

The Supreme Court has held that laws criminalizing sex between consenting adults are unconstitutional

Accepted Answer

The Supreme Court has held that laws criminalizing sex between consenting adults are unconstitutional, as it violates their right to privacy and autonomy. This was established in the landmark case of Lawrence v. Texas in 2003.

Question 13

Which of the following is not part of the Court's decision in Roe v.Wade?

Accepted Answer

The Court did not rule that the government cannot prohibit any abortion. The Court established that the government cannot prohibit an abortion prior to viability, but can regulate and restrict access to abortion after viability. Additionally, the Court ruled that the right to abortion is protected under the Due Process Clause and that government regulation of abortions must meet strict scrutiny.

Question 14

The Supreme Court recognizes the right to privacy

Accepted Answer

The Supreme Court recognizes the right to privacy as part of due process under the Fourteenth Amendment. Specifically, the Court has cited the Due Process Clause's protection of the "liberty" of individuals as encompassing a right to privacy that is fundamental and deeply rooted in the nation's history and tradition.

Question 15

Laws requiring sterilization of repeated felons

Accepted Answer

Sterilization laws violate a person's right to procreate, which is a basic human right protected by the Constitution. Even repeated felons have the right to procreate, and the state cannot take away that right as a form of punishment. Sterilization laws would likely be struck down as unconstitutional if challenged in court.

Question 16

No state regulation of abortion is constitutional.

Accepted Answer

The U.S. Supreme Court has held that states can regulate abortion but not ban it before viability, allowing for regulations that do not impose an undue burden on the right to choose an abortion.

Question 17

State laws allowing an individual to reject medical care

Accepted Answer

State laws can allow a representative to make decisions for an incapable individual, but they may require clear and convincing evidence of the individual's intent. This is because the individual's right to reject medical care is protected under certain circumstances, but the decision should be based on the individual's actual wishes, and not simply assumed or inferred. Therefore, clear and convincing evidence is necessary to ensure that the representative is making decisions that are in line with the individual's wishes.

Question 18

The right to privacy also includes the right to reject medical care.

Accepted Answer

The answer of The right to privacy also includes the...

Question 19

The right to reject medical care is part of

Accepted Answer

The right to reject medical care is a part of due process, which ensures that individuals have fair and just treatment under the law. This right allows individuals to make decisions about their own medical care, without government or other interference, as long as they are of sound mind and not endangering themselves or others.

Question 20

The Supreme Court has held that a state may prohibit the use of public facilities and public employees to perform abortions.

Accepted Answer

In the case of Harris v. McRae (1980), the Supreme Court upheld the Hyde Amendment, which prohibited federal Medicaid funding for abortions except for cases of rape, incest, or danger to the life of the mother. The Court also held that states may prohibit the use of public funds, facilities, and employees to perform abortions, as long as they provide alternative means for women to obtain abortions.

Quiz 13: The Right to Privacy Under the Due Process and Equal Protection Clauses