1. Chapter 9 Terms and Cases Module 9

2. Cases Bush v Gore (2000) Variable counting procedures violated the equal protection clause of the Fourteenth Amendment. Bush v Gore (2000) Variable counting procedures violated the equal protection clause of the Fourteenth Amendment. Bowers v. Hardwick (1986): Ruled that a state could adopt and enforce laws prohibiting homosexual sodomy. Bowers v. Hardwick (1986): Ruled that a state could adopt and enforce laws prohibiting homosexual sodomy. Chisholm v. Georgia (1793): Decided that a state could be sued by citizens of other states. This case was subsequently overturned by the Eleventh Amendment Chisholm v. Georgia (1793): Decided that a state could be sued by citizens of other states. This case was subsequently overturned by the Eleventh Amendment

3. Cases Furman v. Georgia (1972): Struck down state capital punishment laws on the basis that, as then administered, such laws were in violation of the cruel and unusual punishment provision of the Eighth Amendment as implied to the states by the Fourteenth Amendment. Furman v. Georgia (1972): Struck down state capital punishment laws on the basis that, as then administered, such laws were in violation of the cruel and unusual punishment provision of the Eighth Amendment as implied to the states by the Fourteenth Amendment. Gregg v. Georgia (1976): Upheld, as constitutional, new state capital punishment laws. Such laws provided for separate trials to determine guilt or innocence and settle on a penalty as well as for the consideration of aggravating and mitigating circumstances. Gregg v. Georgia (1976): Upheld, as constitutional, new state capital punishment laws. Such laws provided for separate trials to determine guilt or innocence and settle on a penalty as well as for the consideration of aggravating and mitigating circumstances. Griswold v. Connecticut (1965): In striking down a Connecticut law prohibiting the use or prescription of birth control devices, the Court formulated a broad right to privacy that subsequently served as a basis for the rulings on abortion in Roe v. Wade (1973) and subsequent cases. Griswold v. Connecticut (1965): In striking down a Connecticut law prohibiting the use or prescription of birth control devices, the Court formulated a broad right to privacy that subsequently served as a basis for the rulings on abortion in Roe v. Wade (1973) and subsequent cases.

4. Cases Hans v. Louisiana (1890): to bar suits brought against state governments by their own citizens as well as by citizens of other states. Hans v. Louisiana (1890): to bar suits brought against state governments by their own citizens as well as by citizens of other states. Lawrence and Garner v. Texas (2003): Texas statute forbidding consenting adults from engaging in homosexual sex in the privacy of their own home held unconstitutional under the Fourteenth Amendment’s Due Process Clause. Lawrence and Garner v. Texas (2003): Texas statute forbidding consenting adults from engaging in homosexual sex in the privacy of their own home held unconstitutional under the Fourteenth Amendment’s Due Process Clause. McCulloch v. Maryland (1819): Ruled that Congress had the implied power to establish a national bank and that the state of Maryland had no authority to tax it. McCulloch v. Maryland (1819): Ruled that Congress had the implied power to establish a national bank and that the state of Maryland had no authority to tax it.

5. Cases Planned Parenthood v. Casey (1992) reaffirmed a liberal interest in a woman’s decision to choose abortion and sought to exempt such a choice from only “undue burden” and at the same time weakened Roe’s rigid trimester analysis and upheld state requirements for parental consent for minors (with the possibility of judicial bypass) a 24 hour waiting period, and counseling on the risk of, and alternatives to, abortion. The case also rejected requirements that a married woman get spousal consent. Planned Parenthood v. Casey (1992) reaffirmed a liberal interest in a woman’s decision to choose abortion and sought to exempt such a choice from only “undue burden” and at the same time weakened Roe’s rigid trimester analysis and upheld state requirements for parental consent for minors (with the possibility of judicial bypass) a 24 hour waiting period, and counseling on the risk of, and alternatives to, abortion. The case also rejected requirements that a married woman get spousal consent. Roe v. Wade (1973): Held that the right to privacy encompassed a woman’s right to procure an abortion in the first and second trimester of pregnancy and in cases in the third trimester where her life or health was at stake. Roe v. Wade (1973): Held that the right to privacy encompassed a woman’s right to procure an abortion in the first and second trimester of pregnancy and in cases in the third trimester where her life or health was at stake. Troxel v. Granville (2000): the Supreme Court overturned a broad Washington State law, designed to allow grandparents to request visitation privileges with their grandchildren, on the basis that parents who were otherwise deemed to be “fit” could make such decisions better than could the state. Troxel v. Granville (2000): the Supreme Court overturned a broad Washington State law, designed to allow grandparents to request visitation privileges with their grandchildren, on the basis that parents who were otherwise deemed to be “fit” could make such decisions better than could the state.

6. Cases United States v. Lopez (1995): Overturned a federal law prohibiting guns near school grounds on the basis that such power was not directly related to congressional powers under the commerce clause. United States v. Lopez (1995): Overturned a federal law prohibiting guns near school grounds on the basis that such power was not directly related to congressional powers under the commerce clause.

7. Terms Concurrent Powers: Powers, like taxation and spending, that are jointly exercised by both the state and national governments. Concurrent Powers: Powers, like taxation and spending, that are jointly exercised by both the state and national governments. Commerce Clause: The provision in Article I, Section 8 granting Congress power to regulate commerce “with foreign Nations, and among the several States, and with the Indian tribes.” This has proved to be one of Congress’ most expansive powers. The Congress under the Articles of Confederation did not have this authority. Commerce Clause: The provision in Article I, Section 8 granting Congress power to regulate commerce “with foreign Nations, and among the several States, and with the Indian tribes.” This has proved to be one of Congress’ most expansive powers. The Congress under the Articles of Confederation did not have this authority. Cruel and Unusual Punishments: Unspecified penalties prohibited by the Eighth Amendment. Cruel and Unusual Punishments: Unspecified penalties prohibited by the Eighth Amendment.

8. Terms Death-Qualified Jury: A jury from which opponents to the death penalty have been dismissed. Death-Qualified Jury: A jury from which opponents to the death penalty have been dismissed. Enumeration: Specifically listed. Enumeration: Specifically listed. Interposition: The doctrine advanced in the Virginia and Kentucky Resolutions of 1798 whereby states had the right to interpose themselves against federal laws that they believed to be unconstitutional. Interposition: The doctrine advanced in the Virginia and Kentucky Resolutions of 1798 whereby states had the right to interpose themselves against federal laws that they believed to be unconstitutional.

9. Terms Nullification: The doctrine, most forcefully advocated by South Carolina Senator John C. Calhoun, according to which states had the right to nullify, or void, federal laws that they believed to be unconstitutional. Nullification: The doctrine, most forcefully advocated by South Carolina Senator John C. Calhoun, according to which states had the right to nullify, or void, federal laws that they believed to be unconstitutional. Privacy Rights: Although not specifically mentioned in the Constitution. the Supreme Court has ruled in Griswold v. Connecticut (1965) and subsequent cases that such rights are protected by that document. Privacy Rights: Although not specifically mentioned in the Constitution. the Supreme Court has ruled in Griswold v. Connecticut (1965) and subsequent cases that such rights are protected by that document. Quorum: Number present to conduct business. Quorum: Number present to conduct business.

10. Terms Reserved Powers: Under the U.S. system, powers not expressly or implicitly delegated to the national government are reserved to the states. The Tenth Amendment is the clearest statement of this principle. Reserved Powers: Under the U.S. system, powers not expressly or implicitly delegated to the national government are reserved to the states. The Tenth Amendment is the clearest statement of this principle. Secession: The doctrine that argued that states had the right to withdraw from the Union without the consent of other states. The Civil War discredited this idea. Secession: The doctrine that argued that states had the right to withdraw from the Union without the consent of other states. The Civil War discredited this idea. Sovereign: A word meaning supreme. The term sovereign is used to designate the person or agency of government with final ultimate authority. In the U.S. system, such sovereignty is difficult to locate. Sovereign: A word meaning supreme. The term sovereign is used to designate the person or agency of government with final ultimate authority. In the U.S. system, such sovereignty is difficult to locate.

11. Terms Sovereign Immunity: The doctrine, somewhat affirmed by the Eleventh Amendment, that prohibits governments, as sovereign entities, from being sued without their consent. Sovereign Immunity: The doctrine, somewhat affirmed by the Eleventh Amendment, that prohibits governments, as sovereign entities, from being sued without their consent. Supremacy Clause: The provision in Article VI of the Constitution (originating in the New Jersey Plan) that provides that the Constitution, U.S. laws, and treaties are the supreme law of the land. Supremacy Clause: The provision in Article VI of the Constitution (originating in the New Jersey Plan) that provides that the Constitution, U.S. laws, and treaties are the supreme law of the land. Unenumerated Rights: Rights that are not specifically listed in the Constitution but that may nonetheless deserve protection. The Ninth Amendment to the Constitution recognizes the existence of such rights. Unenumerated Rights: Rights that are not specifically listed in the Constitution but that may nonetheless deserve protection. The Ninth Amendment to the Constitution recognizes the existence of such rights.

12. Terms Viability: The point at which a fetus can survive outside its mother’s womb. In Roe v. Wade (1973), the Supreme Court used this point—then thought to be at the end of the second trimester of pregnancy—as the point at which a state could prohibit abortions, except when necessary to save the life or health of the mother. Viability: The point at which a fetus can survive outside its mother’s womb. In Roe v. Wade (1973), the Supreme Court used this point—then thought to be at the end of the second trimester of pregnancy—as the point at which a state could prohibit abortions, except when necessary to save the life or health of the mother. Virginia and Kentucky Resolutions: Resolutions adopted by these two state legislatures in 1799 in opposition to the Alien and Sedition Acts of the previous year. Virginia and Kentucky Resolutions: Resolutions adopted by these two state legislatures in 1799 in opposition to the Alien and Sedition Acts of the previous year.