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In this case, according to Alexander Hamilton, the court would have had the right to interfere and it would have had the superior power to declare the Texas statue void on its face.
However, Hamilton aside, our natural law and natural rights also prohibit first trimester abortion. Derived from Locke, Natural law and natural rights follow from the nature of man and the world. For instance, we have the right to defend ourselves and our property, because of our nature, because of the kind of creatures that we are. True law derives from this right, not from the arbitrary power of the omnipotent state.
Natural law has an objective, extrinsic existence. The ability to make moral judgment - or in other words, the capacity to know good and evil -- has immediate evolutionary benefits: just as the capacity to perceive three dimensionally tells one when one is standing on the edge of a precipice, so the capacity to know good and evil tells one if one's companions are liable to slit one throat. In this same way, natural law enthusiasts declare, we learned how to throw rocks: It came naturally to us.
Under natural law theories, abortion is tantamount to murder. How can we blithely kill a living, breathing organism? It makes as much sense as Pol Pot's genocide: Natural law simply dictates that it is wrong. No amount of legal or constitutional justification (although...
Just as we breathe, we cannot kill a fetus.
Every state, also, has had statutes banning abortion. The anti-abortion sentiment is not just something that evolved through fungible case law. It is a clear-cut, clearly defined and articulated, and delineated law that has been passed down in state constitutions. It was clearly discussed, thought out, and the state legislative histories dictate that the anti-abortion sentiment is not just a passing whim or fancy; it is integral to the fabric of our states and our states' constitutions.
Also, in the Eisenstadt case, a woman was arrested for handing out contraceptives at the end of her lecture. This case truly represents the sentiment in America against abortion and birth control, and indicates that natural law should triumph over constructions of legal or constitutional scholars who devined a course of belief and a structure for us.
All in all, abortion goes against all the tenets we mentioned, especially natural law. Hamilton might have had different views, but his was the only deviating factor in this analysis.
They argue that the fetus only has the potential of developing into a full-fledged human being; in the same way as an acorn has the potential of developing into an oak tree. In their view it is as ludicrous to call an embryo an independent human being as it would be to call an acorn an oak tree. (Lewis, 2000) Right of Woman Over Her Body The main "pro-choice" argument is
Abortion In the book Abortion is a Woman's Right! The authors Pat Grogan and Evelyn Reed write about why the subject of abortion is of such importance both in discussions of the rights of women but in the concept of Feminism and the place of women throughout society. Before the Roe v. Wade case made abortion lawful in this country, abortions were illegal in the United States. Anyone who desired or
Abortion takes away the fundamental, unalienable right to life; therefore, it is legally wrong. Its effects on unborn children and women are both traumatic and long-lasting, which makes abortion the wrong choice physically and emotionally. Because it results in an unnatural and unnecessary death, abortion is morally wrong. For these reasons, abortion is wrong and should be made illegal. Even though the verdict of Roe vs. Wade was rendered in 1973,
Abortion Should Not Be Legal The ongoing debate on the issue of whether abortion should be a legal option still divides people of USA although it has been long since the Roe v Wade case wherein the legality of abortion was upheld in a U.S. Supreme Court decision. Supporters branding themselves as pro-choice argue that abortion is a personal right which should not be restricted by governmental or religious authority which
Abortion Debate Pros and Cons of Abortion and the Feminist Perspective The Pro-Life (Judeo/Christian) Perspective: God is the author of life and controls how that life will be dispensed. This is true of both birth and death. It is not the responsibility of the individual to either begin their life or to end it because the life is not theirs it is God's. When God chooses to bless a human being with
Abortion and the Right to Privacy It is a summary of the most important elements of your paper. All numbers in the abstract, except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragraph, select the paragraph, and on the Tools menu click Word Count. United States' law is descended from English common law. As it stands, the historical idea of