Briefly, statutes that seek to prohibit or regulate conduct that is not constitutionally protected need only satisfy the lowest level of constitutional review: the rational basis test. According to that standard, as long as the state has a rational basis for the regulation and the manner of regulation is logically related to achieving those rational bases, the statute is constitutional (Dershowitz, 2002; Friedman, 2005). For statutes seeking to regulate conduct that is constitutionally protected but not as fundamental rights or the rights of protected "suspect" classes of individuals, courts apply the intermediate level of scrutiny. That test requires that statutes be related to important governmental interests and that the law furthers those interests in ways that are substantially related to those interests (Dershowitz, 2002; Friedman, 2005). However, when it comes to fundamental rights (such as voting, liberty, and privacy), any statute seeking to curtail those rights must serve a compelling governmental interest;...
In the case of home birthing legislation, the government authorities would likely be entitled to require that midwives be licensed and properly trained and that certain safety guidelines and precautions were in place; they might also ban certain types of procedures if they could be empirically demonstrated to be dangerous. However, any law restricting the right to bear children at home under appropriately safe conditions or that sought to ban the practice outright could not likely survive a constitutional challenge because the penumbra of privacy would trigger the strict level of constitutional review (Dershowitz, 2002; Friedman, 2005).
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the perspective of whether there existed within the United States and its traditions, a right to engage in homosexual activity. In the Supreme Court's opinion, privacy in this
Controversies Over Women's Access Birth Control This study focuses on the article titled "Controversies over Women's Access to Birth Control" as written by Marcia Clemmitt. The author reviews different perspectives to close down the issue of dispensing birth control. It begins with an example of a pharmacist who refused to dispense his professional duty due to moral and religious practices. He viewed birth control as an immoral vice. The author explores
Drones Preliminary Analysis of Drones Drones have become increasingly popular among the U.S. army and the reason is that they have ability to transform (has already transformed to quite an extent) the way America has been fighting and the way it has been thinking about its wars. According to the intelligence officials of the United States, these unmanned aerial vehicles that are commonly called drones have proved to be one of the
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus
Emergence of Nationalist Struggles Analysis of Emergence Nationalist Struggles Decolonization is considered to be the process, which concentrates on the removal of colonialism; the process in which one country exerts unequal amount of power and politics over another country. It is either a political or cultural movement, which attempts to gain independence and the complete removal of insidious and destructive impacts of colonialism. This paper aims at discussing the emergence of
Great Gatsby -- a Theoretical Analysis The Great Gatsby is one of the legendary novels written in the history of American literature. The novel intends to shed light on the failure of American dream that poor can attain whatever he wants and emphasizes on the hardships presented by the strong forces of social segregation. In order to understand this novel, there are various theories which tend to be helpful in order
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