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Roe v. Wade - Essay Example

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Summary
This essay declares that the Roe v. Wade case, brought before the U.S. Supreme Court in 1973, resulted in the Court’s determination that women have the constitutional right to have an abortion prior to when the fetus is viable, meaning when it can survive on its own outside the woman’s womb…
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Roe v. Wade
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Roe v. Wade

Download file to see previous pages... When most people speak disapprovingly of the Roe decision, they base their objections purely on moral grounds; but scholars, lawyers and especially judges who condemn the decision should only do so based on constitutional grounds in addition to voicing their moral objections. The argument against the decision should address the 9th Amendment which states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Those opposed have said that the ninth, or any other amendment, does not specifically mention abortion, therefore, the Constitution is not applicable when attempting to determine the legality of abortion rights. This opinion, however, very obviously contradicts the short and to the point statement that is the Ninth Amendment which clearly encourages the recognition of abortion and all other rights over and above what is contained in the Constitution. Just because the word ‘abortion’ does not appear, the Constitution is still the origin of legal precedence for this issue as it is for all other civil rights cases.
Those that criticize the Roe decision have complained that the nation’s founders used general terms to frame the Constitution and did not intend for the ambiguous use of the word ‘rights’ to include the right to an abortion. They further propose that those who ratified the Constitution were ‘God-fearing’ men who would have opposed the practice. Even if this argument could be proved valid on a constitutional basis, the inference that the Founders were wholly opposed to the practice is probably inaccurate. ...Download file to see next pagesRead More
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