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Trebla unit 3: 3.9-3.10 (26) Due Process
Quiz by Carl Rudd
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26 questions
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- Q1Which of the following organizations would most likely advocate for the concurring opinion of Roe v. Wade (1973)?The Pro-Life Action League.The National Organization of WomenThe National Right to Life Committee.The U.S. Conference of Catholic Bishops.120s
- Q2Which of the following organizations would most likely advocate for the dissenting opinion of Roe v. Wade (1973)?Planned Parenthood.The American Civil Liberties Union.The Eagle Forum.The National Abortion Federation.120s
- Q3“…The Constitution does not explicitly mention any right of privacy. …[T]he Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. … This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved... There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. ... All these are factors the woman and her responsible physician necessarily will consider in consultation.” -Majority Opinion Roe v. Wade 1973, Justice Harry Blackmun Which of the following best summarizes Justice Blackmun’s opinion above?The Constitution does not explicitly protect any right of privacy.Only a woman under the care of a responsible physician has the right to terminate her pregnancy.The right to privacy is implied in a variety of ways in the Constitution and protects a woman’s right to terminate her pregnancy.The harm a State could cause a woman by denying her the right to terminate a pregnancy would be detrimental.120s
- Q4“…The Constitution does not explicitly mention any right of privacy. …[T]he Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. … This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved... There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. ... All these are factors the woman and her responsible physician necessarily will consider in consultation.” -Majority Opinion Roe v. Wade 1973, Justice Harry Blackmun Which landmark Supreme Court case below is most often linked with Roe v. Wade to support a woman’s right to privacy?Lochner v. New York (1905) ... where the court found it unconstitutional to limit how long bakers could work if they wanted to work more.Muller v. Oregon (1908) ... where the Court ruled that an Oregon law limiting work hours for women was constitutional because the child-bearing nature and social role of women provided a strong state interest in reducing their working hours.United States v. Virginia (1966) ... where the Court ruled a Virginia statute banning mixed race marriages was unconstitutional.Griswold v. Connecticut (1968) ... where the Court ruled that a Connecticut law banning the sale of contraceptives violated the marital right to privacy.120s
- Q5“…The Constitution does not explicitly mention any right of privacy. …[T]he Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. … This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved... There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. ... All these are factors the woman and her responsible physician necessarily will consider in consultation.” -Majority Opinion Roe v. Wade 1973, Justice Harry Blackmun In the majority opinion above which clause of the 14th Amendment was most likely the basis for the Court’s decision?Equal ProtectionDue ProcessPrivileges and ImmunitiesCitizenship Clause120s
- Q6Roe v. Wade (1973) has impacted the U.S. judicial system in which of the following ways?The states have chosen not to throw up any legal challenges to the Roe decision.Presidents of both major political parties have agreed not to make views on abortion a litmus test for judicial appointment.With the abortion debate settled once and for all, the issue no longer occupies the time of the federal judiciary.The selection of federal judges, especially Supreme Court Justices, has become more politicized.120s
- Q7Which of the following best summarizes the debate reflected in Roe v. Wade (1973)?Can a state enact a law requiring a minor to receive parental consent before seeking an abortion?Can a state enact a law criminalizing a woman's effort to obtain an abortion?Can a state enact a law mandating spousal awareness prior to a woman obtaining an abortion?Can a state enact a law banning a second trimester abortion procedure commonly known as partial birth abortion?120s
- Q8Griswold v. Connecticut (1965) is a landmark Supreme Court case concerning access to contraception. The case revolved around a Connecticut state law which prohibited any person from using “any drug, medicinal article or instrument for the purpose of preventing conception.” The Court ruled that this statute was unconstitutional and a violation of the right to privacy which protects citizens from unwarranted government intrusion. While not specifically mentioned in the Bill of Rights, numerous members of the Court’s majority argued that the right of privacy could be inferred to exist by the Fifth, Ninth, and Fourteenth Amendments. Which of the following Supreme Court decisions also involves an invocation to protect the right of privacy?Roe v. Wade (1973)Marbury v. Madison (1803)McDonald v Chicago (2010)Tinker v. Des Moines Independent Community School District (1969)120s
- Q9Which of the following most clearly states the outcome of Roe v. Wade (1973)?Women inherently possess the right to terminate a pregnancy and compelling them to carry and bear children subjects them to involuntary servitude, a clear violation of the Thirteenth Amendment.A state may not regulate a woman's right to an abortion in any way thanks to the Fourteenth Amendment's Due Process Clause.As found in the Ninth Amendment, the right to privacy is guaranteed by the Constitution should encompass a woman's right to obtain an abortion.The Fourteenth Amendment's Due Process Clause extends to a woman's decision to have an abortion, although state interests in regulating abortions to protect women's health and the potentiality of human life must be taken into account.120s
- Q10Due to its focus on equal rights, opponents of the Roe v. Wade (1973) decision have likened it to which other Supreme Court decision?Dred Scott v. Sandford (1857)Schenck v. United States (1919)Gitlow v. New York (1925)Engel v. Vitale (1962)120s
- Q11The dissenting opinion of Roe v. Wade (1973) is most closely associated with which judicial interpretation?Judicial Review.Loose Constructionism.Constitutional Originalism.Judicial Activism.120s
- Q12The outcome of Roe v. Wade (1973) rests most heavily on which of the following ideas reflected in the U.S. Constitution?The Nineteenth Amendment's guarantee of women's suffrage rights.The First Amendment's safeguarding of religious freedom.The Ninth Amendment's protection of the right to privacy.The Fourteenth Amendment's concept of personal liberty and restriction of state action.120s
- Q13Opponents of Roe v. Wade (1973) would claim that the ruling is most closely associated with which judicial interpretation?Judicial ActivismStrict Constructionism.Constitutional Originalism.Judicial Restraint.120s
- Q14Roe v. Wade (1973) reflects what shift in American beliefs?20th century social forces at work in the U.S. pushed the country towards greater political and sexual freedom for women.The sexual revolution of the 1960s caused a vast majority of Americans to fully endorse the policy of unrestricted abortion on demand.During the last 40 years, the states have been the driving force in crafting abortion policy.In the latter half of the 20th century, the role of religion in public life increased significantly.120s
- Q15Which of the following Supreme Court applications of the Fourteenth Amendment's Equal Protection Clause would the American Civil Liberties Union (ACLU) have difficulty supporting?Advocacy for same-sex marriageSupport of detained illegal immigrantsValidation of corporate personhoodEndorsement of affirmative action120s