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  • Griswold V Conneticut

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    Muji Jaafar
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    Griswold v. Connecticut established the constitutional right to privacy in marital relationships. The Supreme Court ruled that a Connecticut law banning the use of contraceptives violated married couples' right to privacy. This right to privacy is derived from penumbral rights that emanate from specific Constitutional guarantees, even if privacy is not explicitly mentioned. The Court found the law had too broad an impact on the protected marital relationship. However, Justice Black dissented, arguing the right to privacy lacks clear Constitutional basis and gives the Court too much arbitrary power.

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    Griswold v Conneticut

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    Griswold v. Connecticut established the constitutional right to privacy in marital relationships. The Supreme Court ruled that a Connecticut law banning the use of contraceptives violated married couples' right to privacy. This right to privacy is derived from penumbral rights that emanate from specific Constitutional guarantees, even if privacy is not explicitly mentioned. The Court found the law had too broad an impact on the protected marital relationship. However, Justice Black dissented, arguing the right to privacy lacks clear Constitutional basis and gives the Court too much arbitrary power.

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    Attribution Non-Commercial (BY-NC)
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    151 Ansichten1 Seite

    Griswold V Conneticut

    Hochgeladen von

    Muji Jaafar
    Griswold v. Connecticut established the constitutional right to privacy in marital relationships. The Supreme Court ruled that a Connecticut law banning the use of contraceptives violated married couples' right to privacy. This right to privacy is derived from penumbral rights that emanate from specific Constitutional guarantees, even if privacy is not explicitly mentioned. The Court found the law had too broad an impact on the protected marital relationship. However, Justice Black dissented, arguing the right to privacy lacks clear Constitutional basis and gives the Court too much arbitrary power.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 1

    Griswold v. Connecticut 381 U.S.

    479 (1965) Facts Appellants, the Executive Director of the Planned Parenthood League of Connecticut, and its medical director, a licensed physician, were convicted as accessories for giving married persons information and medical advice on how to prevent conception and, following examination, prescribing a contraceptive device or material for the wife's use. A Connecticut statute makes it a crime for any person to use any drug or article to prevent conception. The appellants were found guilty as accessories and fined $100 each, against the claim that the accessory statute as so applied violated the Fourteenth Amendment. The Appellate Division of the Circuit Court affirmed. The Supreme Court of Errors affirmed that judgment. Issue Whether the U.S. Constitution protects the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives. Ruling On standing: - The existence of confidential relationship between the physician and his clients, which are married couples, constitutes the appellants standing to raise the constitutional rights of the married people. The statute forbidding use of contraceptives violates the right of marital privacy which is within the penumbra of specific guarantees of the Bill of Rights. The rights people have are more than what can be read in the literal language of the Constitutional text: the specific guarantees in the Bill of Rights have penumbras (thus the term penumbral rights of privacy and repose), formed by emanations from those guarantees that help them give life and substance. The present case concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. And it concerns a law, which in forbidding the use of contraceptives rather than manufacturing or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. A state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.

    Disposition Decision REVERSED; Petition AFFIRMED. Dissenting, Justice Black:

    The right espoused by the decision lacked specific constitutional authorization and represented an arbitrary exercise of judicial power that threatened the American system of government. Use of any such broad, unbounded judicial authority would make of this Court's members a day-to-day constitutional convention. Privacy is a broad, abstract and ambiguous concept which could be construed in a variety of ways. It would be improper to declare a statute unconstitutional with this vague concept as the basis. Due Process argument as used in the concurring opinions seem to indicate that the court is vested with the power to invalidate all state laws that it considers to be arbitrary, capricious, unreasonable or oppressive.

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