Abortion and the Constitution Research Paper
- Length: 5 pages
- Sources: 3
- Subject: Women's Issues - Abortion
- Type: Research Paper
- Paper: #75955433
Excerpt from Research Paper :
Changing Abortion Guidlines
Abortion and the constitution
Changing abortion guidelines
Abortion is the deliberate termination of human pregnancy; this process is performed the first 3 weeks of pregnancy. According to Roe v. Wade it states that a woman is entitled to personal privacy protection, this is due to the fact that it includes the woman's determination of whether to bear a child or not. The judicial oversight of legislation was increased by the Courts under the privacy line of the cases; consideration was of abortion related laws in all the States of America (Sarah, K. 2010).
Looking at the historical review of medical and legal views concerning abortion, the Courts found out that the modern prohibitions were not in line with the recent vintage thus lacking historical foundation that would have played a fundamental role of preserving them constitutional review (Edward, L. 2002). The Courts also discovered that the word person was in the due process clause alongside other provisions of the constitution that did not recognize the unborn being. The other factor is the Fourteenth Amendment's concept of personal liberty and restrictions upon state action. This factor highlighted the right of a personal privacy and the guarantee of certain areas of privacy; hence a woman had the decision of either keeping the pregnancy or terminating it.
Abortion is both constitutional and unconstitutional at the same time; this is according to Ultrasound Display Law (Sarah, K.2010). All the states in America adopted this law that prohibits a woman from having an abortion except if the doctors make the image of the fetus visible to her during the ultrasound examination. The law in the other hand is viewed as a violation to the First Amendment rights of the doctors.
This substantive due process is unconstitutional since it is vague. Federal district from North Carolina applied strict scrutiny and found out that the law is most likely to constitute a violation of the First Amendment rights of the doctors in manner that the doctors compelled their speech concerning the display of the image and therefore lacked a compelling state interest.
The issue of abortion is not correctly framed, given the argument that a person has right and a non- person has no right (Edward, L. 2002). So if you put a person and a non-person in a contest, then the person will automatically win the contest because the non-person has no right. Although State law protects things that are not person which in many cases viewed as public property, on the other hand it may restrain the ways of a person who might be having superior rights may be in a position of exercising those rights against entity, person or non-person. The state allows for abortion to be carried out if the fetus can be a burden to the mother given the circumstances the mother present are valid. Then the state will continue with the abortion if it does not violate the rights of the pregnant person (Sarah, K. 2010).
The issue of abortion has always fuelled heated debates as it tends to gloss over real issues. For instance who would you criminally prosecute between the pregnant mothers as an abortionist or the person who got her pregnant with deprivation of liberty or life as first degree murder for the termination of the pregnancy. (Chris Meyers, 2010)
The other considerable debate is based on history. Looking back history religious beliefs, social mores and attitudes towards women and the family has greatly influenced the attitudes towards abortion. In the recent past the advancement of technology has also affected the process of abortion, this includes the discovery of simpler and safer methods that has enhanced the understanding of fetal development. During the nineteenth century, abortion was a criminal offence if it occurred after quickening. There were classical approaches as well as additional virtues of minimizing the problems of proving pregnancy that were evident.
Abortion was later decriminalized in the early 1960s after the first case of indicators was dealt with. The indicator approach is also known as indication- regulation (Edward, L. 2002).. The indicators of abortion are classified into five categories which are: danger to life; danger to health; fetal distress; criminological or juridical and lastly socio-economic.
The Supreme Court of the United States through the judgment of Roe v. Wade states the thalidomide tragedy of the 1960s greatly shaped the approaches of abortion laws. They also argued that most of the abortion laws today are based on indication-regulation and time-regulation or a combination of both Sarah, K. (2010). In circumstance where time-regulation, the state is mainly concerned with the protection of the fetus as it increases the chances of the independent existence for the fetus. However its viability is only concerned with the consideration between the balances that exist in both situations, thus the interest of the state is protect the fetus and the rights of the mother. The movement of viability does not consider pro-life or pro-choice to be an issue in terms of protecting independent fetal rights.
Though the Ninth Amendment stands alone in making certain laws unconstitutional, it explains the fundamental rights of a human being. A list of specific rights is provided in the Bill of Rights that protects the federal government in invading the rights of a human being. There is a sharp division in the court over whether the constitution provides a broad protection for human rights and what those rights are Sarah, K. (2010). There people who don't believe justice that the constitution gives a broad protection, on the other side there are those that these justice support the right to abortion. At the heart of liberty is the right to define a person's own concept of existence of meaning of the universe and the mystery of human life. When honoring the Framers text, it is believe that these justices back the rights of gays, right to abortion as well as right to die. These justices also look beyond the national borders while seeking the parameters of liberty.
Despite the heated arguments that led to legal wrangling and documentation of the abortion case (Edward, L. 2002). No change has been witnessed on the abortion case since was first decided. There has only been a single decision of seven non-elected justice that has continued to define federal abortion policy since it was first invalidated more than 200 years of state law. After a decision was met between Roe v. Wade and Doe v. Bolton by the supreme court of the United States of America in the early 1973, the existence of a new personal liberty in the constitution was announced. The liberty allowed a woman to procure the termination of pregnancy at any time.
There is a little connection between Roe v. Wade to the constitutional right that it interprets as viewed by some individuals. The attempt of democratic senators to oppose a judicial appointment due to the nominee's opposition to Roe, they did not only endorse but tested the intellectual suspect on constitutional decision in the present day (Sarah, K. 2010). This bid highlighted how Roe v. Wade decision is defended based on the basis of ignorance.
According to Justice Blackmun, he states that it is much difficult to either resolve or question life's beginning given the development of man's knowledge today through majority opinion. He goes ahead to state that personhood was established in support of legal abortion and therefore it is only the Fourteenth Amendment that is most likely to advocate for the fetus right to life.
The issue of abortion has been established in the America life and the only institution that can abolish it has become its biggest supporter hence it would be a fruitless endeavor trying to hoist abortion. In America today human life has limited protection than any time before…