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Griswold vs. Connecticut and Gonzales vs. Carhart

1. Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California (see Chapter 9)? Katz v. United States (see Chapter 10)? Discuss (200 Words or more)

2. In Gonzales v. Carhart, Justice Kennedy insists that the Court remains faithful to Planned Parenthood of Southeastern Pennsylvania v. Casey (Casey). Justice Ginsburg insists that the majority refuses to take Casey seriously. Analyze then decide who you think is correct. Support your decision. (200 Words or more)

3. In his opinion in Griswold v. Connecticut, why did Justice Douglas rely on "penumbras" from the Bill of Rights rather than the Fourteenth Amendment's due process clause (see Chapter 9)? Explain. (200 Words or more).

4. What constitutional issue confronted the Court in Dennis v. United States (1951)? How was the case decided? Explain. What does Justice Frankfurter's concurring opinion in the case reveal about his view of the proper role of the Supreme Court in the resolution of conflicts between governmental power and individual rights? Explain. (200 Words or more).

Solution Preview

1. Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California (see Chapter 9)? Katz v. United States (see Chapter 10)? Discuss (200 Words or more)

The decision in Griswold v. Connecticut was based on the belief that law in Connecticut is constitutional wherein the viewpoint of the justices placated that they didn't believe that the law was wise or based on sound policy. The Connecticut law in question wasn't consistent with constitutionality and the justices determined that it was offensive and not in accordance with qualities that are necessary for constitutional law. Justice Black believed that no graphic or eloquent strictures and criticisms could be singularly fired toward the policy in the Connecticut law but that his opinion was that evil qualities in the law made the law unconstitutional.

In Adamson v. California Black's dissent was predicated upon the incorporation of the Bill of Rights in its entirety as he believed that states should not use a selective process as to how they will incorporate the Bill of Rights because it gives too much discretion to the courts. Therefore, he surmised that ALL of the Bill of Rights should be incorporated into the rights for citizens. ...

Solution Summary

Griswold versus Connecticut and Gonzales versus Carhart are examined. The fourteenth amendment's due process clauses are given.

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