[PSCI 3303] - Midterm Exam Guide - Ultimate 19 pages long Study Guide!

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PSCI 3303
MIDTERM EXAM
STUDY GUIDE
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1/26/2017 OneNote Online
https://onedrive.live.com/view.aspx?Bsrc=Share&Bpub=SDX.SkyDrive&resid=15CDBB404D6F9171!45798&cid=15cdbb404d6f9171&app=OneNote&authkey=!Al
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Griswold v. Connecticut (1965)
Makes it a crime to use or assist others in using birth control
Douglas
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
Due process
Black & Stewart dissent
Bowers v. Hardwick (1986)
Georgia sodomy laws
White, Burger, Rehnquist, O'Connor, & Powell
No fundamental right to engage in homosexual conduct
No tradition other than making this conduct illegal
Stevens, Marshall, Brennan, and Blackmun dissent
Lawrence v. Georgia (2003)
Texas sodomy law bans sexual conduct between same sex couples
Kennedy
Bowers is reversed
Casey and Romer are more recent and weaken Bowers
Bowers is not a precedent widely relied on (not a super-precedent)
Liberty interest involved as in Griswold, Eisenstaedt, Roe
No long-standing history against homosexual conduct
Even uses foreign precedents
No legitimate state interest exists
O'Connor Concurrence
Violates equal protection. Does not satisfy the rational basis test.
Only justification is moral disapproval which is not in and of itself a legitimate governmental interest
3 Test for Equal Protection
• Traditional
Earlier examination on classifying of gender
Is there a rational justification of the law
• Intermediate
Usually classifying on the basis of gender
Law must advance substantial governmental interest
Means must be substantially related to governmental interest
• Strict
Law is classifying based on race/ethnicity
Interfering with the exercise of a fundamental right
Compelling governmental interest required
5th Amendment Equal Protection
14th Amendment only applies to state action, no similar clause that applies to the federal
government
5th Amendment has the due process clause
Court says one component of due process in 5th is equal protection
Scalia dissent
How can the justices in the majority respect precedent in Roe and reject it in Bowers?
There is legitimate historical support for Bowers
Lays to waste the rational basis test in rejecting moral values as justification for the law
What about bigamy, same-sex marriage, adult incest, prostitution, adultery, etc.
O'Connor's reasoning would allow for same-sex marriage
The Court has signed on to the "so-called homosexual agenda."
United States v. Windsor (2013)
Edith Windsor is in a 44 year relationship with another woman, got married in Canada
Windsor's wife died, she was going to get a large inheritance
Defense of Marriage Act passed made IRS not recognize the marriage
She would have to pay $363k in inheritance taxes vs. $0 if they were married
DOMA affects about 1,100 laws like this
Obama administration didn't want to defend it, they thought it unconstitutional
3 Republican congressman go to defend the law in court and lost
What's the justification of the law other than hostility against same sex marriage?
5th Amendment Equal Protection
Obergefell v. Hodges (2015)
Privacy
Monday, November 30, 2015 12:37 PM
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1/26/2017 OneNote Online
https://onedrive.live.com/view.aspx?Bsrc=Share&Bpub=SDX.SkyDrive&resid=15CDBB404D6F9171!45798&cid=15cdbb404d6f9171&app=OneNote&authkey=!Al
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Same sex marriage case involves suits against marriage laws in four states
Kentucky, Michigan, Ohio, and Tennessee
Combined into one argument
Two issues
Validity of state bans on same-sex marriage
Validity of bans on the recognition of same-sex marriages from other states
About 90 minutes of arguments on first point, 60 minutes of arguments over second point
Amicus Briefs
There are 66 briefs supporting the state
There are 72 supporting the petitioners
Includes US Government, which, interestingly, only makes an equal protection argument
State Arguments
Opposite sex marriage encourages child-bearing and family life
This is a state issue (10th Amendment)
Somewhat true, typically a state issue. States issue marriage licenses
This case is not ripe
We need continued debate on the issue
Respect for tradition
A change may harm society in unforeseen ways
Opposing Arguments
Equal protection and due process
With that is the idea that marriage is a fundamental right
Want to use Strict Standard
States cannot even pass the Rational Basis test
Kennedy with a 5-4 decision
Right to marry substantive due process argument
Denies equal protection under the law
Roberts Dissent
Long standing tradition of hetero marriage is a legitimate justification for the classification
Traditional argument works if use the Rational Standard
Judicial restraint argument
Points out the substantive due process is not a useful approach
Origins in Dred Scott and Lochner
Looking at a law and saying if it is an unreasonable interference with liberty
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