Constitutional “Hot Topic”
Issues
AKA…the stuff you guys love (or hate!) to
debate!
Associated Amendments (see handout)
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1st = Freedom
of religion,
speech, of the press, and
right of petition
2nd = Right of people to bear
arms not to be infringed
4th = Persons and houses to be
secure from unreasonable
searches and seizures
5th = Trials for crimes; just
compensation for private
property taken for public use
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8th = Excessive bail, fines, and
punishments prohibited
9th = Reserved rights of people.
10th = Powers not delegated,
reserved to states and people
respectively
14th = Citizenship defined;
privileges of citizens (life,
liberty, etc)
Issue I: Pro-Life v. Pro-Choice
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Overview: Abortion refers to the
voluntary termination of a
pregnancy, resulting in the death of
the fetus or embryo. Abortions
performed prior to the third
trimester are legal in the United
States.
Pro-choice groups believe that a
woman should have access to
whatever health care she needs and
that she should have control over
her own body.
Pro-life groups believe that the
embryo or fetus is "alive" and thus
abortion is tantamount to murder.
Constitutional issue of state
intervention: to what degree should
the state have a say in a pregnancy?
Court Cases
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Roe v. Wade (1973) Abortion was legalized when the U.S.
Supreme Court ruled that during the first trimester
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landmark decision rested on the "right to privacy"
the Court ruled that the state could intervene in the second trimester
and could ban abortions in the third trimester
a central issue, which the Court declined to address, is whether human
life begins at conception, at birth, or at some point in between
Casey v. Planned Parenthood (1992) The Court overturned
Roe's trimester approach and introduced the concept of
viability
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Today, approximately 90% of all abortions occur in the first 12
weeks.
Associated Amendments
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14th (privacy/life)
9th (privacy/unenumerated rights)
10th (states’ rights)
Issue II: Same-sex Marriage
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The Defense of Marriage Act, or DOMA, is the short title of a federal law of the
United States passed on September 21, 1996. The law has two effects:
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No State need treat a relationship between persons of the same sex as a
marriage, even if the relationship is considered a marriage in another state.
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The Federal Government need not treat same-sex relationships as marriages
for any purpose, even if concluded or recognized by one of the states.
The bill was passed by Congress by a vote of 85-14 in the Senate and a vote of
342-67 in the House and was signed into law by President Bill Clinton on
September 21, 1996.
Court Cases
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Griswold v. Connecticut (1965) the Supreme Court ruled that a
state's ban on the use of contraceptives violated the right to
marital privacy
 The case had nothing to do with gay marriage rights, but is
used as a landmark case for expanding civil rights
 Extension to civil rights = Supreme Court's explicitly stated
that unenumerated rights have full constitutional status
 Several justices agreed that marital privacy is a
"fundamental right"
 right to privacy = "fundamental" when it concerns the actions
of married couples, because marriage "is of such a character
that it cannot be denied without violating those fundamental
principles of liberty and justice which lie at the base of our
civil and political institutions."
Associated Amendments
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1st (freedom of expression/religion)
14th (privacy/life/equality)
9th (privacy/unenumerated rights)
10th (states’ rights)
Issue III: Gun Rights v. Gun Control
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Overview
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gun rights: The belief that any legislation to curtail the use and sale
of firearms is an infringement on Americans' constitutional rights
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gun control: The belief that the United States needs stricter firearm
laws, including tougher background checks
Court Cases
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United States v. Miller. (1939) unanimous opinion where the court
upheld a federal prosecution for transporting a sawed-off shotgun.
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A Federal District Court had ruled that the provision of the National Firearms
Act the defendants were accused of violating was barred by the Second
Amendment
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Supreme Court disagreed and reinstated the indictment.
Brady Handgun Violence Prevention Act: (1994) imposes a five-day waiting
period and background check before a licensed gun importer, manufacturer, or
dealer can sell or deliver a handgun to an unlicensed individual; in 1998, a new
background-check system allowed checks to be done over the phone or
electronically
The Supreme Court (June 2008) supported the view that the Second
Amendment protects an individual right to own a gun for personal use
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ruling 5 to 4 that there is a constitutional right to keep a loaded handgun at
home for self-defense
overturned the District of Columbia ban on handguns, the strictest guncontrol law in the country
Associated Amendments
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2nd (bear arms)
9th (right to privacy)
14th (privileges as citizens, right to property)
Issue IV: Medical Marijuana
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PRO:
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Overview: In 1972 marijuana was
placed in Schedule I of the
Controlled Substances Act = the US
government considers it to have "no
accepted medical use in treatment in
the United States." 13 of 50 US states
currently have approved the medical
use of marijuana for qualified patients.
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has "accepted medical use in treatment
in the US"
would easily meet the FDA criteria over
"whether a new product's benefits to
users will outweigh its risks."
safe and effective treatment for dozens
of conditions, such as cancer, AIDS,
multiple sclerosis, pain, migraines,
glaucoma, and epilepsy.
CON:
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has not been FDA-approved because it
is too dangerous to use
various FDA-approved drugs make the
use of marijuana unnecessary
is addictive, leads to harder drug use,
injures the lungs, harms the immune
system, damages the brain, interferes
with fertility, impairs driving ability,
and sends the wrong message to kids
Court Cases
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U.S. v. Oakland Cannabis Buyers’ Co-op: (1998) The Federal
Justice Department challenged California's Proposition 215
(passed in 1996), The US government filed a lawsuit to cease
OCBC (and similar groups) operations.
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In a unanimous decision, the U.S. Supreme court ruled that
marijuana may NOT be distributed to persons who
prove a medical necessity for the drug
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The court's decision affirms an existing federal law that
classifies marijuana as an illegal substance and offers no
medical exceptions
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The ruling does not address or change existing state
laws dealing with marijuana
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It does mean, however, that marijuana users and
distributors cannot use medical necessity as a defense
against prosecution at the federal level
Associated Amendments
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14th (privacy)
9th (privacy/unenumerated rights)
10th (states’ rights)
8th (cruel and unusual)
Commerce Clause (supporters)
Supremacy Clause (opponents)
Issue V: Right to Die (euthanasia
and physician-assisted suicide)
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PRO:
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Proponents believe it is the compassionate choice
is supported by the same constitutional safeguards
that guarantee such rights as marriage, procreation,
and the refusal or termination of life-saving medical
treatment
CON:
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Opponents worry about a "slippery slope" from
euthanasia to murder, arguing that any test to
determine between voluntary and non-voluntary
cases will prove faulty
fear that legalizing euthanasia will unfairly target
the poor and disabled, groups with little access to
advanced, possibly life-saving medical care
Court Cases
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Washington v Glucksburg (1997) Harold Glucksberg, MD, brought a lawsuit challenging
the state of Washington's ban on physician-assisted suicide.
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The suit asserted that the Washington ban was unconstitutional, arguing that the right
to “liberty” provided in the Fourteenth Amendment
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District Court ruled that the ban was unconstitutional, and the Ninth Circuit agreed
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The U.S. Supreme Court, in a 9-0 decision, reversed, finding that the ban on
physician-assisted suicide does NOT violate the Fourteenth Amendment
Gonzales v. Oregon (2006) In 1994, Oregon passed the Death with Dignity Act, a state
law permitting physicians to prescribe lethal doses of controlled substances to terminally ill
patients.
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In 2001, U.S. Attorney General John Ashcroft declared that the Act violated the
Controlled Substances Act of 1970
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Oregon sued the Attorney General in federal district court
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The district court and the Ninth Circuit both held that Ashcroft's directive was illegal
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The U.S. Supreme Court, in a 6-3 opinion, held that the Controlled Substances
Act did not authorize the Attorney General to ban the use of controlled
substances for physician-assisted suicide
Associated Amendments
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14th (privacy/liberty)
9th (privacy/unenumerated rights)
10th (states’ rights)
8th (cruel and unusual)
Issue VI: Death Penalty
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Overview: The United States executed 1,057 people from 1977 through 2006 primarily by means
of lethal injection. Although not exclusive to murder - the death penalty can be applied for
treason, espionage, and other crimes - the majority of cases involve the execution of people
who have killed others.
CON:
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no deterrent effect on crime
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wrongly gives governments the power to take human life making them no better than the
murderers they execute
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perpetuates social injustices by disproportionately targeting people of color (racist) and
people who cannot afford good attorneys (classist)
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creates a system whereby innocent people are sometimes executed.
PRO:
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important tool for preserving law and order
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deters additional crime thereby saving innocent lives
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costs less than life imprisonment
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life - even in prison - is a privilege that some people should not have
Court Cases
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Trop v. Dulles (1958) The Supreme Court decided, 5-4, that it was
unconstitutional for the government to cancel the citizenship of a U.S. citizen as a
punishment because of the the 8th Amendment’s prohibition on “cruel and
unusual punishment”
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In the dissenting opinion, a justice noted, "Is constitutional dialectic
so empty of reason that it can be seriously urged that loss of
citizenship is a fate worse than death?"
Furman v. Georgia (1972) Furman was discovered burglarizing a home. When
attempting to escape, his weapon went off and killed a resident in the house. He
was convicted of murder and sentenced to death. Two other death penalty cases
were decided along with Furman: Jackson v. Georgia and Branch v. Texas.
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These cases deal with the constitutionality of the death penalty for rape
and murder convictions
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The US Supreme Court held that the imposition of the death penalty in
these cases constituted cruel and unusual punishment and violated
Constitutional rights.
Court Cases Cont…
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Gregg v. Georgia (1976) Gregg was found guilty of armed robbery and
murder and then sentenced to death by a Georgia grand jury. On appeal,
the Georgia Supreme Court upheld the death sentence.
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Gregg challenged his death sentence for murder at the US Supreme
Court, claiming that his capital sentence was a 'cruel and unusual'
punishment in violation of the Eighth and Fourteenth Amendments
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The Court rejected the claim and upheld the sentence
Roper v. Simmons (2005) was a decision in which the U.S. Supreme
Court held that it is unconstitutional to impose capital punishment
for crimes committed while under the age of 18
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overruled the Court's prior ruling upholding such sentences on offenders
above or at the age of 16
Associated Amendments
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8th (cruel and unusual)
14th (right to life)