HDFS 3520 Lecture Notes - Lecture 18: Margaret Sanger, Fourteenth Amendment To The United States Constitution, Strict Scrutiny
9 Apr 2019
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Document Summary
Margaret sanger founded birth control league in 1921. Federal law that incorporated anti-contraceptive provisions of comstock act. Privacy within the scope of marriage is a fundamental right protected by the first amendment and the 14th amendment s due process clause. Based on enumerated rights there is a ripple effect that extends to other rights, implicit rights. Protects individuals from the coercive power of govt. By ensuring that adjudication processes under valid laws are fair and impartial such as the right to sufficient notice, etc. Protects individuals against majority rule policy enactments that exceed the limits of governmental authority. A right not specifically listed in the constitution. The right of privacy protects the individual, married or single, to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. A court order requiring an entity to do or to refrain from doing a specified act.
