The Pros And Cons Of The Undue Burden

Better Essays

1. Undue Burden
Undue Burden refers to placing a substantial difficulty on someone from the expression of their rights. In class, we learned this term in reference to woman’s reproductive rights through the Planned Parenthood v. Casey (1992), which established the “undue burden” test. This test claims that the regulation of women’s reproductive rights through the state is constitutional, as long as it doesn’t create an undue burden, or a substantial difficulty to exercise their right, as established in Roe v. Wade (1973).
The “undue burden” test is significant to this course because it illustrates the limitations of a women’s right to abortion, as implied within the 14th Amendment due process clause, which implicitly states a right to personal privacy. The test itself does not protect women against regulations of their rights, even if those regulations place a substantial difficulty on them exercising their rights as long as there is other substantial reasoning for the regulation. For example, in Gonzales v. Carthart (2007) “The Partial- Birth Ban Act of 2003”, a federal stature prohibiting Dilation …show more content…

This procedure, as established in Whren v United States (1996) and Tenessee v Garner (1985) is employed as a response to inferring threats. The reasonableness of this procedure is determined by standards set within the Fourth Amendment. The Fourth Amendment establishes “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable search and seizures” (Lecture, Week 8), by requiring a probable cause through reasonable suspicion or “lower level evidence” (Lecture, Week 10) and consent to being pat down. This reasonable suspicion was established, but not reasonably defined in Whren v United States (1996) when they decided that higher crime rates of an area creates a reasonable suspicion for police to

Get Access