Thursday, November 7, 2019

Is abortion protected by the Constitution essays

Is abortion protected by the Constitution essays If one were to read the U.S. Constitution in its entirety and then be asked if abortion was protected by the Constitution with no prior knowledge or influence concerning the issue, it is my feeling that the majority would answer no. However the Constitution is so broad in its language, as was intended, that from time to time it becomes the duty of the U.S. Supreme Court to interpret it in order to meet the standards or today, hence making their decision the law of the land. However it should also be noted that none of the Justices on the Court were the authors, knew the authors, nor knew their intent as it would apply to todays society. In Roe v. Wade it was decided that women had a right to privacy and as such had the right to choose to have an abortion. While this is not specifically stated in the Constitution it was interpreted to be such through the fourteenth amendments guarantee of liberty and due process clause. However the Court also decided that the State had an interest in the fetus in the second trimester and even more so in the third (viability). In this case, planned parenthood v. casey, the right of the State was questioned on the basis of whether they could implement guidelines/rules prior to having an abortion, such as notifying a parent, or the husband if married, etc. The Courts decision in this case was that the trimester approach of viability wasnt practical and the State could set guidelines/rules prior to abortion in order to promote potential life as long as it did not create an obstacle in (undue burden) getting an abortion if the woman so chooses. While the above is all fine and dandy it still, in my opinion, does not answer the question on whether abortion is protected by the Constitution. Obviously any ruling by the U.S. Supreme Court becomes the law of the land and as such within the realm of the Constitution, or as most would say Constitutional. I am very torn on this issue as whil...

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