Chapter 6 Due Process and Other Protected Rights Section 2 Controversial Rights

© EMC Publishing, LLC The Right to Bear Arms “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (U.S. Constitution, Amendment II)  The Second Amendment was written to guard against the tyranny of the British and the federal government.  Today some say that the amendment is obsolete because these threats no longer exist.

© EMC Publishing, LLC Gun Ownership  In colonial times, national security was handled by the militia (able-bodied men who volunteered for emergency military service using their own guns).  Today, some people want gun control (limits on gun ownership) because: The military supplies troops with guns Violence is a national security concern  The National Rifle Association (NRA) challenges gun control laws and supports the rights of gun owners.

© EMC Publishing, LLC Congress and Gun Control  In 1990, carrying a gun near a school became illegal.  In 1993, the Brady Bill required people to undergo a background check before purchasing a handgun.  In 1994, the Crime Bill banned semiautomatic assault weapons.  In 1997, parts of the Brady Bill were struck down.  In 2004, Congress let the ban on semiautomatic weapons expire.

© EMC Publishing, LLC The Right to Privacy  The right to privacy is the right to be left alone to do what we want.  The right to privacy appeared in American legal thinking in  In 1965, a member of the Supreme Court held that: The right to privacy is not explicit in the Constitution A number of other constitutional rights contain penumbras (outlying shadowy areas), in which a right to privacy exists

© EMC Publishing, LLC Privacy and Life Issues  In Griswold v. Connecticut (1965), the U.S. Supreme Court determined that using birth control falls under a right-to-privacy penumbra.  In Roe v. Wade (1973), the Court determined that having an abortion is also a privacy right.  The Roe v. Wade decision created a battleground over abortion that still exists today.

© EMC Publishing, LLC Other Privacy Rights  In 1990, the Supreme Court determined that people can protect their right to die by writing a living will.  In 1997, the Supreme Court determined that: Patients had the right to refuse treatment. Doctors did not have the right to help patients end their lives.  In 2003, the Supreme Court agreed that state laws denying the right to engage in homosexual behavior are unconstitutional.

© EMC Publishing, LLC Your Turn Which of the following privacy rights has NOT been upheld by the U.S. Supreme Court? a.The right to use birth control b.The right to obtain an abortion c.The right to engage in homosexual behavior d.The right to refuse medical treatment e.The right to help terminally ill patients end their lives

© EMC Publishing, LLC Assisted Suicide  In 1997, the state of Oregon passed a law that allowed doctors to provide lethal amounts of drugs to help terminally ill patients die.  In 2001, Attorney General John Ashcroft said he would take away the medical license of any doctor who participates in assisted suicide.  In 2005, the Supreme Court ruled that the attorney general had no right to interfere with medical practices handled under state law.

© EMC Publishing, LLC Medical Records  The 2003 Health Insurance Portability and Accountability Act (HIPAA): Allows sharing of patient information for medical, billing, and insurance matters Prohibits sharing of patient information for marketing purposes or without the patient’s written consent  The federal government is experimenting with an online database of health records.  Critics worry that information from the database will be misused.

© EMC Publishing, LLC Personal Information on the Internet  The government has made it illegal for Internet companies to reveal personal data.  Internet companies are not regulated for privacy infringement as closely as are other media.  The USA Patriot Act allows the government to access personal information on the Internet without a warrant.  The Supreme Court will probably examine this issue in the near future.