Political Science Differing Concepts Of Research Proposal

Length: 4 pages Sources: 2 Subject: Business - Law Type: Research Proposal Paper: #67104730 Related Topics: Political Science, Political Aspects, Political Issues, Jurisprudence
Excerpt from Research Proposal :

The winning side got what it wanted, in part - the continued legality of abortion - but it did not achieve a wider victor in the abortion war. Abortion's opponents were still represented by the dissenting justices. They too, used stare decisis in their opinion, but in a quite opposite fashion, laying open another path to those who might still hope to have abortion removed as a legitimate constitutional right.

Indeed, Justices Rehnquist and Scalia attacked the very basis of the plurality's opinion. Rehnquist wrote that, "any theory on the proper scope of stare decisis in constitutional adjudication is bound to be indeterminate," a principle that, followed to its logical conclusion meant that, "virtually any overruling can be attacked or defended on the basis of the [chosen] criteria."

Rehnquist et al. believed that Roe had been wrongly decided in the first place, and should be overruled. Planned Parenthood v. Casey offered an opportunity to revisit the principles of the previous case. Planned Parenthood could have served as a means of reinvestigating the fundamental arguments that had led to the establishment of abortion as a constitutional right, but instead the issue had been avoided entirely. In essence, the Pennsylvania statutes had been struck down based not on their real applicability to the abortion issue, but rather based on their relevance to a prior case, that is, to Roe v. Wade. Rehnquist and his associates wished to view the argument of the state of Pennsylvania as one that spoke to the merits and purpose of the laws concerned. By avoiding these considerations, the other justices were merely delaying a final resolution on the underlying matter of abortion's long-term legality. The use of stare decisis as a form of justification signaled an ability to twist prior precedent to fit current circumstance, or even worse, current desire. The liberal justices had no wish to overturn, or even to re-visit, Roe v. Wade. Stare decisis was but an excuse. Prior decisions did not need to be explained if they could be attributed to precedent. The deeper soul-searching that the Rehnquist approach would have required, together with the necessary intensive exploration of the full range of legal ramifications, would be left to a future court...

...

Precedent, as established by the plurality opinion in Planned Parenthood v. Casey, is indeed frequently a means of fixing or solidifying the law. Precedent can be used to clarify cloudy issues, or move legislation further along already established lines. Nonetheless, stare decisis cannot be used as a shelter to avoid making difficult decisions or laying down firmer principles of action. Ro v. Wade created the idea that abortion is a constitutional right. It based this notion largely on the Equal Protection Clause of the Fourteenth Amendment. Abortion may or may not be a right encapsulated in that amendment's definition of "liberty." Assuredly, Planned Parenthood v. Casey further entrenched the basic constitutionality of abortion, but it left open other avenues for either definitely affirming, or definitely removing this right. Abortion has never been defined as a right in anything but highly technical terms. It is certainly more than just a matter of equal protection. Abortion speaks to fundamental ideas about the definition of life. Neither Roe nor Planned Parenthood appears to have fully adjudicated these matters. The decision in Planned Parenthood v. Casey based on stare decisis was a useful legal maneuver in maintaining abortion's legality, but it has not ended the controversy. The courts must rule firmly one way or the other, either on the basis of current legislation and constitutional law, or in according with laws and amendments yet to be passed. Abortion's standing must be unambiguous.

Works Cited

Dunn, Pintip Hompluem. "How Judges Overrule: Speech Act Theory and the Doctrine of Stare Decisis." Yale Law Journal 113.2 (2003): 493+.

Peters, Christopher J. "Foolish Consistency: On Equality, Integrity, and Justice in Stare Decisis." Yale Law Journal 105.8 (1996): 2031-2115. http://www.questia.com/PM.qst?a=o&d=5000367432

Christopher J. Peters, "Foolish Consistency: On Equality, Integrity, and Justice in Stare Decisis," Yale Law Journal 105.8 (1996).

Pintip Hompluem Dunn, "How Judges Overrule: Speech Act Theory and the Doctrine of Stare Decisis," Yale Law Journal…

Sources Used in Documents:

Works Cited

Dunn, Pintip Hompluem. "How Judges Overrule: Speech Act Theory and the Doctrine of Stare Decisis." Yale Law Journal 113.2 (2003): 493+.

Peters, Christopher J. "Foolish Consistency: On Equality, Integrity, and Justice in Stare Decisis." Yale Law Journal 105.8 (1996): 2031-2115. http://www.questia.com/PM.qst?a=o&d=5000367432

Christopher J. Peters, "Foolish Consistency: On Equality, Integrity, and Justice in Stare Decisis," Yale Law Journal 105.8 (1996).

Pintip Hompluem Dunn, "How Judges Overrule: Speech Act Theory and the Doctrine of Stare Decisis," Yale Law Journal 113.2 (2003)


Cite this Document:

"Political Science Differing Concepts Of" (2008, November 20) Retrieved October 23, 2021, from
https://www.paperdue.com/essay/political-science-differing-concepts-of-26585

"Political Science Differing Concepts Of" 20 November 2008. Web.23 October. 2021. <
https://www.paperdue.com/essay/political-science-differing-concepts-of-26585>

"Political Science Differing Concepts Of", 20 November 2008, Accessed.23 October. 2021,
https://www.paperdue.com/essay/political-science-differing-concepts-of-26585

Related Documents
Political Science Rousseau's Doctrine of
Words: 2859 Length: 7 Pages Topic: Black Studies - Philosophy Paper #: 19227637

- these actions are not punished by the law because, while immoral according to many, they do not cause injury to the rights of others. Adam Smith further emphasizes the centrality of property rights. For Smith, the ownership and acquisition of private property is an essential right that contributes to and maintains individual well-being. Individuals who do not own property are individuals with no real say in their own affairs,

Political Science
Words: 1503 Length: 4 Pages Topic: Political Science / Politics Paper #: 63787808

Politics There are several patterns and outcomes that are fairly common in the realm of political science. Similarly, there are some subjects and points of study that are more common than others. Just a few that come to mind include the ethics of congressional staff, whether third party candidates could or should be a viable option and the demarcation that could or should exist between federal and state authority. For each

Science Ad Technology
Words: 667 Length: 2 Pages Topic: Drama - World Paper #: 97274868

Science and Technology a) If the community of men and women who are called scientists accepts the scientific test of a scientific theory, does that mean that anything is acceptable as long as enough of the right people agree with it? The answer of whether scientific tests and theories are true or false depends on various issues. Scientists are always inventing new ways to support their arguments and theories. First, scientists must

Political Socialization
Words: 2301 Length: 7 Pages Topic: Family and Marriage Paper #: 55121658

Political Socialization Almost every individual in today's society has a set of political beliefs or values, but most of us hardly ever pause to think why we have such beliefs and how we have acquired them. Are they our own ideas or have we been influenced by others in our thinking? Most political scientists are of the opinion that people are not born with political ideas, nor do we manufacture them,

Political Theory
Words: 1138 Length: 4 Pages Topic: Government Paper #: 37772226

Materialism: What does it mean in Marx? Marx's writings and philosophies extend through various disciplines of history, economics, political science, literature, philosophy, political economy, sociology and even - arguably - mathematics. There are several common strings throughout his writings, many of which we have explored this semester, but a constant beacon, a constant guideline, is Marx's concept of historical materialism. In historical materialism, economics is key. Economics has always motivated people

Political Appointees-Senate Confirmed for Inspector
Words: 2331 Length: 8 Pages Topic: Physics Paper #: 83880302

Filling these top positions are cumbersome and, occasionally, controversial. Appointment tenure takes time to decide and may often be short leading to confusion within the administration itself, to inaction in decision and work, rapid turn-around and modification in decision making, and confusion. Using data from the Office of Personnel Management, O'Connell (2009) observed that senate apportioned positions were empty on a mean of one-quarter of the time over the five