Abortion Is Illegal Legally and Term Paper

Excerpt from Term Paper :


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 we have already established that these theories do not hold water either) can justify breaking the purely logical and second-nature tenets of natural law. 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…

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