PSCI 3322 Lecture Notes - Lecture 7: Tenth Amendment To The United States Constitution

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Griswold V. Connecticut (1965)
Makes it a crime to use or assist others in using birth control
Right of privacy found in the penumbra of the Bill of Rights • Goldberg
9th Amendment "The enumeration in the Constitution, of certain rights shall not be construed
to deny or disparage others retained by the people."
• Harlan!
Part of liberty in the Due Process clause
• Substantive Due Process!!
You have a liberty that is a part of your privacy
Black & Stewart dissent
Not inconsistent with Footnote 4
Cooley V. Board of Port Wardens (1852)
Sometimes states can have regulation of interstate commerce, but not always
Pennsylvania law required local pilots to bring ships into Philadelphia port
"Common law that still exists today
"Other examples of similar laws are the state weight checkpoints on highways
Taney Court; Justice Curtis writing
Develops the Cooley Doctrine
"State regulation of Interstate Commerce that is still used today
"In the absence of contrary national legislation or a need for national uniformity, !
states may legislate local matters that involve interstate commerce !
Cooper V. Aaron
During the time of Cooper V. Aaron, there was a period of activist judges, See:
Brown V. Board of Education
The state government sided with the mobs in Arkansas
"Used 10th Amendment to argue that the SC overstepped its authority on !
"Eisenhower sent in army to enforce federal law and prevent mobs from
entering school
"District Judge attempted to delay enforcement of desegregation, appeals court !
shot it down, shouldn't give in to violence
How does the court respond to a violent state response to a court decision?
It doesn't back down one little bit
Who does the court rely on?
"Marbury V. Madison!
"President Eisenhower's Army
"Lets the court be pretty bold to assert authority in this situation
A lot of southern politicians were against Brown V. Board of Education
"Many thought the court would reverse their decision when new justices enter
"Three justices were appointed by Eisenhower, all Republican (see table below)
"Will this change make a difference in segregation? !
• Nope!
Frankfurter was top notch law prof, very involved in political advising, very
"Extremely unsuccessful at dominating court, failed to live up to expectations
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