While I do believe a woman should have the right to choose, I am not necessarily convinced of that the Ninth and the Fourteenth Amendment allow for a so-called right to privacy to support the creation of a right in this instance. Admittedly, I am not a legal scholar, so to disagree with Justice Blackmun seems a bit of a stretch; however, what he did in Roe v. Wade was likewise a "step" or, I should say, one giant leap. I simply do not see how the Fourteenth Amendment which is a procedural safeguard to protect against state intrusion upon its citizens' life, liberty, and property. The Fourteenth Amendment pertains to the state's notice requirement to give citizens notice upon the possibility of taking away of his/her life, liberty, or property. Additionally, I am concerned that we conferred a right to women based upon a privacy right that we may not grant to men or to potential fathers. Does that mean that women have fundamental rights that men, even the fathers of unborn children, cannot claim? Moreover, my final concern is that this sets a dangerous precedence wherein a skillful justice can create an "implied" right when there simply isn't a legal right delineated within the text itself. Thus, I would be more comfortable with the holding if it were based upon something more than a tenuous connection to a debatable and previously non-existent right to privacy.
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He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" (Paul 74). He viewed the Court's opinion in a dangerous light because it represented the infusion of a fundamental right into the Constitution. Modern commentators who agree with Justice Holmes' dissenting position face a problem as it relates to more
Because of the widespread stigma against homosexuality in the United States and worldwide, medical research was thwarted and the disease became virtually synonymous with homosexuality. It would take the death of one of America's most beloved, and seemingly straight, movie stars to prove that AIDS could affect anyone (Hiller 1985). When Rock Hudson died of the disease in 1985, Americans could see not only that homosexuality was normal and pervasive
Catholic church and public policy have remarked that the members of American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom; but they do not support any particular political system. They keep aloof from parties, and from public affairs. In the United States religion exercises but little influence upon laws, and upon the details of public opinion; but it
The right of autonomy is also influenced by individualistic ideology of capitalism which other feminist point out is male-biased. Feminists seek to free themselves from perspectives that devalue women and deny them opportunities to explore their thoughts and experiences. For this reason, some feminists have joined the anti-abortion side because the issue of autonomy is not acceptable in a liberal society. According to Wolf-Devine, she argues that abortion is the
This means that the government should fund abortions despite of where they are performed whether in hospitals or clinics. This can be achieved through passing legislation to support pro-choice care for all pregnant women. Allowing abortions only in particular situations is a form of discrimination and in order to ensure that Americans have the necessary system that supports the choice of women to get an abortion, the government needs
Abstract Abortion refers to the termination of the pregnancy and most members of society tend to feel strongly and often myopically about their opinions of abortion. This paper will examine the complex and multi-faceted history that the United States has had with abortion as well as the pros and cons of this procedure. This essay will take a long look at the reasons that motivate those who support abortion and those
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