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jessbri5150
jessbri5150
25.05.2020 • 
Social Studies

The statutes whose constitutionality is involved in this appeal are 53–32 and 54–196 of the General Statutes of Connecticut. … The former provides:

Any person who uses any drug, medicinal 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 be both fined and imprisoned.

This law, however, operates directly on an intimate relation of husband and wife and their physician's role in one aspect of that relation … [t]he First Amendment has a penumbra where privacy is protected from governmental intrusion. …

The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. And it concerns a law which, in forbidding the use of contraceptives, rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.

—From Supreme Court opinion in Griswold v. Connecticut (1965)

Which excerpt from Marbury v. Madison established the principle being exercised in Griswold v. Connecticut?

A. "The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States."
B. "The powers of the Legislature are defined and limited; and that those limits may not be mistaken or forgotten, the Constitution is written."
C. "The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it."
D. "It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule."

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