POLS 101 Lecture Notes - Lecture 4: Peyote, Planned Parenthood, Lemon V. Kurtzman

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Civil Liberties
Different from civil rights**
Civil liberties are negative liberties
oCivil rights are positive liberties (requires action to secure rights)
oRestrict government action to protect individual rights
Selective Incorporation
The application of the Bill of Rights to the states
oOne right at a time
oThrough the due process clause of the 14th amendment
Citizenship rights
“… nor shall any State deprive any person of life, liberty, or
property without due process of law”
Until this time (1868), states did not have to enforce the Bill of
Right to Privacy – Penumbras
Implied, fundamental right
Based on 1st, 3rd, 4th, 5th, and 9th amendments
Griswold v. Connecticut (1965)
oPrivacy is found on the “penumbras” and “emanations” of other
protections from government intrusion
oGriswolds were distributing contraceptives, contrary to CT law – were
oDecision – married couples have the right to privacy
Roe v. Wade (1973)
oJudicial rule
oTrimester framework
oStates cannot regulate during first trimester, but CAN regulate third
Planned Parenthood v. Casey (1992)
oJudicial standard
oStates may require women to obtain informed consent, wait 24 hours, and
if minors obtain parental consent
oHusband notification requirement failed the “undue-burden” test
Lawrence v. Texas (2003)
oSeveral states had anti-sodomy laws against gay couples
oRuled that Texas law was intrusive to right to privacy
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