РефератыИностранный языкGrGriswold And Connecticut Essay Research Paper Griswold

Griswold And Connecticut Essay Research Paper Griswold

Griswold And Connecticut Essay, Research Paper


Griswold v. Connecticut appealed to the Supreme Court on errors of the state


court of Connecticut. This case deals with the right to prescribe the use of


birth control to a married female. This action is found unconstitutional under


the state laws, but this law invades a person?s rights under the constitution.


Here the problem evolves and must be decided upon in the courts. The appellant


Griswold is an Executive Director of the Planned Parenthood League of


Connecticut (Janosik, 1035). Appellant Buxton is a licensed physician and a


professor at Yale Medical School who served as Medical Director for the League


at its center in New Haven. This center was opened for ten days in November of


1961, until the appellants were arrested (Rice, 187). The appellants were tried


in the state court and decided that the state laws contradicted several rights


in the constitution. The two Connecticut laws state: ?Any person who uses any


drug, medical article or instrument for the purpose of preventing conception


shall be fined not less than fifty dollars or imprisoned not less than sixty


days nor more than one year or both be fined and imprisoned (Rice, 187).?


?Any person who resist, abets, counsels, causes, hires, or commands another to


commit any offense may be prosecuted and punished as if he were the principal


offender (Rice, 188).? In the Connecticut court decision, the appellants were


found guilty as accessories and fined one hundred dollars each, against the


claim that the accessory ordinance as applied, violated several amendments. The


Connecticut statues forbidding use of contraceptives violates the right of birth


control to married persons which is guaranteed through the Bill of Rights in the


Constitution for American citizens (Rice, 188). The appellants are guaranteed


fundamental rights through the Constitution to prescribe birth control to


married people if they are involved in a legal relationship. Certainly, the


companion in crime should not have worries that he or she will be charged with


assisting in birth control, which is not constitutionally a crime (Janosik,


170-171). This is created by several basic constitutional guarantees. It is the


invasion of his right to personal security, personal liberty, and private


property; therefore, the state laws cannot stand and invade the area of his


protected freedoms (Dye, 506). The Supreme Court?s decision was divided seven


to two. The majority found it unconstitutional due to intruding on the rights of


privacy to marriage. Even though the rights of privacy is not specifically


stated in the Bill of Rights, it is a concept of liberty which is stated in the


First Amendment (Chase, 334). The appellants are also protected with the Due


Process Clause (a law that is a basic principle in the American legal system


that requires fairness in the government?s dealing with people). The Fifth and


Fourteenth amendments protect certain fundamental rights without state or


federal government intervention (Chase, 335). The entire purpose of the


Constitution is to specifically state guarantees of rights to all the people. It


is odd that the Constitution does not include fundamental rights of protection


to privacy of marriage. The Ninth Amendment can pick up and protect issues under


marriage. It also recognizes and protects from abridgment by the government, and


it provides the right of liberty (Rice, 188). The Connecticut birth-control law


trespasses on personal liberty, but the state doesn?t show that the law serves


any single interest which is forcing, or mandatory to succeed in tolerating the


state policy. The state expresses an opinion that there is some relation between


the ordinance and what is a proper subject of the state?s concern. Its purpose


was to discourage extra-marital relationships (Janosik, 1171). Through this,


that banned the use of birth-control devices by married people (Janosik, 1177).


It helps prevent the use of the drug in extra-marital relations. The state


wanted to protect marital faithfulness, but it could have stated the law more


specifically so that it did not force upon the privacy of all married couples


(Rice, 191). Adultery, homosexuality and other sexual intimacies are forbidden


by the state, but the closeness of married couples is essential for the future


to be carried out (Janosik, 1176). The marriage relation is a sacred part of the


American culture: therefore, the state must allow marital privacy in every age.


It must acknowledge a marriage and the personal inherit of it. Connecticut


cannot constitutionally abbreviate the basic right, which is protected by the


Fourteenth Amendment from the intervention by the states (Rice, 188). The


Connecticut anti-contraceptive law forbids all married couples the right to use


birth control devices, regardless if their use is dictated by family planning,


health, or even of life itself. The law even prohibits the right from doctors to


help their patients in their best interest (Rice, 191). As in all cases


everything has two sides. The second side, the dissenting opinion, states there


is liberty, but it is limited to an extent (Rice, 188). They also feel that the


Connecticut statute is unconstitutional on the belief that the law is a good


policy to behold. The persons t

hat are for the state law do believe that doctors


have the right to perform a physical examination to adult females, but advising


them on the type of contraceptive that would be satisfactory for their benefit


is against the law (Janosik, 1170). They feel that stretching the First


Amendment through the Elastic Clause to protect the rights of the defendants is


wrong (Chase, 399). Since the right of privacy in a marriage relationship is not


specifically stated in the constitution then the defendants do not have any


standing. The minority opinions also feel that the word privacy is too broad,


and it could be shortened and easily interpreted. Their feeling of privacy is


important, but the government has all rights to invade it as long as it does not


cross into a specific constitutional guarantee. Therefore, they do not agree


with the court?s decision and reasons it prevails for stating the Connecticut


law unconstitutional (Janosik, 1170). During the Supreme Court?s trial period


they discussed an issue about the right of privacy being constitutional. There


are no laws that put constitutional provisions forbidding any law to neglect the


right of privacy. Respectively, in the constitution there are specific


constitutional provisions which are designed to safeguard certain privacies at


various times and places (Janosik, 1177). Being one of three branches in our


American government system, the Supreme Court, has the power to override federal


and state laws. Yes, this does take away the power from Congress and the states


to make laws they find beneficial (Dye, 497-498). The Supreme Court has used the


Ninth Amendment (which state rights retained by the people) and the Fourteenth


Amendment (citizenship, equal protection of the laws by the states, and due


process of the states) to do away with the laws that violate the fundamental


principles of privacy. At this point in the court system there is no defined way


the court can use to determine each case from being constitutional or


unconstitutional (Chase, 399). The constitution is changed to conform with new


times. It is the court?s duty to take charge and make those changes. The


framers of the constitution knew the need for change and provided for it. It is


changed by amendments through proposals and ratification processes. Many experts


believe the Constitution should be treated as a living, breathing document (Dye,


86)! Anyone who feels that a marriage relationship should be beyond the reach of


a state law forbidding the use of contraceptives also believes that the state


law is unconstitutional too (Rice, 189). In 1965, it was viewed by a poll


showing that forty-six percent of the people in this country thought birth


control should be taught in the schools. The Supreme Court used this proportion


to rely on in declaring that the Connecticut law infringed on their fundamental


rights. When this law was found inappropriate, it went against what the majority


in Connecticut expressed through their representatives (Janosik, 998). In the


course of the Supreme Court?s opinion it refers to six amendments of the


constitution: · First Amendment ? Freedom of Religion, Speech,


Assembly, Press and Petition · Third Amendment ? Quartering of Soldiers


· Fourth Amendment ? Searches and Seizure · Fifth Amendment ?


Grand Juries, Self-Incrimination, Double Jeopardy, Due Process and Eminent


Domain · Ninth Amendment ? Rights Retain by the People ·


Fourteenth Amendment ? Citizenship, Due Process and Equal Protection of the


Laws These determined why the Connecticut laws were unconstitutional. However,


the Court does not specifically say which of these Amendments it thinks the


Connecticut laws infringe on (Rice, 190). What provision makes the Connecticut


law invalid under the Constitution? The Supreme Court determined it was the


right of privacy given in the fundamental guarantees of the Constitution to


American citizens (Janosik, 998b). This decision made the Connecticut lawmakers


pass a bill repealing the birth control statute. The Supreme Court does not


specify state to what extent the constitutional right of privacy should extend


to (Janosik, 1766). Since 1879, Connecticut has had a law, which prevented the


use of any type of contraceptives. I believe the use of contraceptives in a


marital relationship should be a personal and private choice. Every person has


the right of privacy to choose what benefits him or her most. Since there is a


large variation of individual morals, ethical and religious backgrounds,


everyone is entitled to their own opinion. The methods of contraceptives should


be readily available to all adults, so that an individual or private choice can


be made. The Supreme Court ruling was an excellent decision on letting


contraceptives become a private choice in an honest marital situation.


536


Chase, Harold W. ?Griswold v. Connecticut.? West?s Encyclopedia of


American Law. Vol. 7. Minnesota: West Group, 1998. Dye, Thomas R. Politics in


America. New Jersey: Prentice Hall, 1997. Janosik, Robert J. ?Griswold v.


Connecticut.? Encyclopedia of the American Judicial System. Vol. III and I.


New York: Charles Scribner?s Sons, 1987. Rice, Arnold S. The Warren Court,


1954-1969: ?Griswold v. Connecticut.? Vol. 8. Connecticut: Grolier


Educational Corp., 1995.

Сохранить в соц. сетях:
Обсуждение:
comments powered by Disqus

Название реферата: Griswold And Connecticut Essay Research Paper Griswold

Слов:1823
Символов:12511
Размер:24.44 Кб.