POL 303 week 5

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Both Discussions need to be 250 words, APA format

Discussion 1

The fact that the Constitution does not have a specific clause or reference to a right to privacy has become a very contentious cultural, social, and political issue in the United States. The ability of the government to enter into the private lives of American citizens has clearly been restricted by provisions in the Fourth Amendment, yet the debate over certain privacy based rights such as contraception, abortion rights, and consensual sexual activity continues today. In particular, when discussing abortion, many immediately begin to debate a woman’s right to choose. At the heart of the issue constitutionally is not whether a woman has the right to make this discussion but whether she has the right to privacy under the Fourth Amendment. Utilizing the U.S. Constitution and valid case law, explain the role that the right to privacy has in establishing the legality of abortion.

 

Discussion 2

Three core values are often discussed when it comes to what all Americans hold dear: democracy, liberty, and equality. Equality, in particular, is a value and a right that Americans have fought other nations and each other to preserve and expand. Until the Fourteenth Amendment to the Constitution was passed, equal protection of the law was not part of our Constitution. This critical amendment was the legal vehicle that enabled our nation to prohibit discrimination based on race and sex and to also support and affirm the need for diversity. Nevertheless, the struggle for equal protection and due process continues, and other amendments to the Constitution, which include the Fifth, Ninth, and Fourteenth Amendments, have become involved in this effort. One of the most debated legal decisions involving equal protection thus far has been the Defense of Marriage Act (DOMA) of 1996. In a 2013 Supreme Court decision, Section 3 of the Act was found to be unconstitutional. Did the Supreme Court justices rightfully interpret the equal protection clause from the Fifth and/or Fourteenth Amendments in this case? Identify and utilize constitutional precedents and case law to support your argument.

 

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