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Abortion and Law
Term Paper ID:37753
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Essay Subject:
Answers first two of questions focused on abortion rights Constitution and law as well ...... More...
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2 Pages / 450 Words
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Paper Abstract:
Discusses abortion rights, the Constitution and law as well as Supreme Court decisions such as Roe v Wade. Issues of the right to privacy, and of legal abortion and the right of women to choose.
Paper Introduction:
Question One Privacy and the Constitution Lawrence Tribe made an excellent point in noting that life in aregime in which only specifically enumerated rights contained in forexample a national constitution were protected would be potentiallydangerous In the case of privacy which is admittedly a broad abstractand ambiguous concept the U S Constitution acknowledges that individualshave the right to control their private property to be free in theirhomes and possessions from unreasonable searches and seizures and to enjoyprivacy in one\'s associations Nevertheless the
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Wade (1971) the U.S. Supreme Court extended the right ofprivacy to the choice of abortion. Moving forward foran earlier decision in Griswold v. Wade (1973) ruledthat whether it is founded on the Fourteenth Amendment's concept ofpersonal liberty or in the Ninth Amendment's reservation of rights to thepeople, the Constitution offers a penumbra of protections for privacy inthe context of personal choices and decisions. The Constitution is seen by severalgroups of Supreme Court Justices as offering sufficient statementsregarding this natural right to confirm its existence and extend it to evenso emotionally charged an issue as a woman's right to be private in herdecisions regarding her own reproductive activities. Question One: Privacy and the Constitution Lawrence Tribe made an excellent point in noting that life in aregime in which only specifically enumerated rights contained in, forexample, a national constitution were protected would be potentiallydangerous. It ruled via a seven vote majority thatthe right of privacy was broad enough to encompass a woman's decisionwhether or not to terminate her pregnancy and held that should the statemake it illegal for a woman to do so, this would impose upon the pregnantwoman and all concerned the burden of an unwanted child. Nevertheless, the issue of specific otherrights to "privacy" is not directly addressed in the Constitution, thoughthe Justices of the Supreme Court in the case of Roe v. In the case of privacy, which is admittedly a broad, abstractand ambiguous concept, the U.S. This essentially legalized abortionrights and did so in the context of a Constitutional guarantee of privacyand a woman's "right to choose." Connecticut (1965), the Justicesessentially held that abortion should therefore be legal under the penumbraof privacy rights established in the Ninth and Fourteenth Amendments to theConstitution. Thus, using this reasoning, the Court held that the Constitution doesin effect require that legal abortion services be available to womenchoosing not to continue a pregnancy. However, the Justices, with Justice Harry Blackmum writingthe majority decision, did note that the state did have an interest inpotential human life (contained in the fetus, which was not accorded thestatus of a "person" in this decision) and could restrict abortion undercertain conditions - to protect the health of the mother, as well as thepotential life of a fetus at the end of the sixth month after conception. Constitution acknowledges that individualshave the right to control their "private" property, to be free in theirhomes and possessions from unreasonable searches and seizures, and to enjoyprivacy in one's associations. Question Two: The Constitution and Legal Abortion In Roe v. Indeed, the notion of aninherent "right to privacy" is deeply embedded in the liberal politicaltradition that dominates American constitutional faith and jurisprudence.The Constitution clearly intends for such a right to be protected, thoughnot in the specificity that would have made decisions such as that in Roeand other cases less controversial.
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