Preview

Roe V. Wade Analysis

Powerful Essays
Open Document
Open Document
1619 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Roe V. Wade Analysis
How important is it for one to follow directions? There are many avenues that can be approached in order to find a generalized answer to this seemingly harmless question. Today, I would like to delve into the founding document of instructions given and written to help govern this nation. The Constitution of the United States is the basis for our freedoms that we take for granted daily. Without this document everything that we know and love about America would cease to excist. So how important is it that we follow the directions that our forefathers laid out for us? What would the United States of America be like without this small sheet of paper? To answer all of these questions mentioned above we will have to excavate into the Constitution …show more content…
Wade, the justices erred in declaring that the abortion statutes of the state of Texas were unconstitutional. It based its decision on interpretations of the Ninth Amendment, through the Fourteenth Amendment. Though I believe that the right to having abortions is a right our society should continue to allow, I do not believe that the original intent of these amendments covered abortions. Perhaps the justices of the court made its decision because it is a right they wanted to protect and knowing that their words will declare it a constitutional right. However, in doing so, they are overstepping their boundaries of interpretation in defining certain abortion laws as unconstitutional. Since it is not something clearly defined in the Constitution, simply saying that it is constitutional is what they should have done. In doing so, it does not advocate that the Supreme Court condones outlawing …show more content…
The Constitution already guarantees certain unalienable rights, all other rights I will relinquish the right to have it governed and limited for the sake of democracy. The Constitution, Declaration of Independence, and the Bill of Rights assures me that our nation is grounded by the natural law theory and perhaps it may be seen as a naive trust but I do trust that our country will not pass a law that will abridge any right of mine that would seem apparently immoral. The structure that the Constitution has outlined for us does not allow such things to happen. If our system of government and lawmaking has helped us progress so significantly in values, I can only believe that we will continue to fix injustices as we have in the past. We have moved beyond slavery and segregation. If justices are to interpret the Constitution to keep up with the times we will lose a very important aspect of our society. The Constitution gives us something that we all feel is real and constant. Being conservative on issues involving the bench does not mean that we are forwarding conservative legislations. The framers only wanted certain things to remain the same through all

You May Also Find These Documents Helpful

  • Good Essays

    Abortion: Roe V. Wade

    • 508 Words
    • 3 Pages

    Is the Texas law banning abortion unconstitutional? This is just one of the many issues proposed throughout the case. According to Supreme Court Justice Harry A. Blackmun-no, it is not. The decision was made that there is a right to abortion and women do possess that right. This decision then proposed new topics; such as Where does the women’s right come from? and What is the basis for denying this right? According to Justice Blackmun, the decision to terminate a pregnancy is accounted for in the woman’s right to privacy. However, he also contends that the state has a right to protect potential life, and this interest becomes compelling at the point of viability.…

    • 508 Words
    • 3 Pages
    Good Essays
  • Good Essays

    This case is an extremely known case that discusses how Roe was dealing with violence to secure her rights as a lady. Roe had tested the Texas State Laws because it stated that an abortion could not occur unless the mother’s life was in a deathlike situation or at risk. After listening to confirmations during a two year time period, the Court had capsized the Texas Law by a 7-2 vote.…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “We hold these truths to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable right Rights, that among these are Life, Liberty and the pursuit of Happiness.” (The Declaration of Independence). But unfortunately, the most vulnerable of our society does not have a say in whether or not those rights are exercised. The population I am referred to is the unborn population. The desire for woman right to choose, effectively place the unborn child at a legal disadvantage. Roe vs. Wade gave a voice to women but one wonders what the true language of the U.S Declaration of Independence? Was the right to life just a phrase, or an actual given right to be observed and protected by the courts? If that is the case and we do intend to apply rights to all citizens, then it can be suggested that Roe vs. Wade is in direct contradiction of that…

    • 234 Words
    • 1 Page
    Good Essays
  • Better Essays

    Roe Vs Wade Summary

    • 1301 Words
    • 6 Pages

    Deciding whether the abortion laws should be upheld and enforced in Texas or if they should be repealed was an important decision that the Supreme Court had to make in the Roe vs Wade case. Roe, whose real name was Norma McCorvey was a pregnant women that lived in Texas in the early 1970’s. She wanted to get an abortion so she said she got raped since that was the only way she would be able to get an abortion. She wasn’t allowed to get one since their was no police report about the rape. She thought that the abortion laws in Texas criminalized abortions after she couldn’t have a legal abortion. When the case was finally decided upon the social impact created a lot of change. Because of Roe vs Wade abortions were changed for the better.…

    • 1301 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    A largely discussed topic and argument as we are in prime presidential election season is abortion. Are you pro-abortion or anti-abortion? Roe v. Wade is a decision that was made by the Supreme Court in the 1970's. Roe V. Wade allows women the right to privacy and the right to choose abortion, that is up until the third trimester. While Supreme Court Justice Antonin Scalia claimed that the Constitution does not grant women a so-called right to abortion many disagree with his claims. Scalia called Roe V. Wade an “absurdity,” he claims that the Constitution’s 14th Amendment doesn’t guarantee equal protection for women that allows abortion on demand. On one side of the controversy Roe V. Wade did not allow any states to prohibit abortion and…

    • 190 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Roe Vs Wade Case

    • 171 Words
    • 1 Page

    The precedent of Roe v. Wade has been challenged on a number of occasions and the Supreme Court has reaffirmed the decision based on stare decisis. One of the primary purposes of stare decisis is that it ensures impartiality and "if the law on a subject is well settled, someone bringing a case can usually rely on the court to rule based on what the law has been in the past" (Cross & Miller, 2016, pg. 27). I also think of settled law in terms of being a parent and the important decisions I make to ensure the safety of my children. Once a decision has been made in the best interest of my children, it becomes a rule and is considered settled law in my household. If need be, I will revisit those decisions and apply them to similar situations…

    • 171 Words
    • 1 Page
    Good Essays
  • Good Essays

    The Roe vs Wade case was used to prove the state law of abortion to be unconstitutional. The Court stated that the states could not get involved with the laws or regulations of abortions occurring in the first trimester. The only laws that they could enact during the second trimester would be related to maternal health, and in the third trimester they could enact laws protecting the fetus’ life. If the mother’s life was at risk during the third trimester, abortion still has to be an option.…

    • 548 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    "We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness..." We must be on alert about our rights, for this 'constitution' will allow our governments to take away our 'unalienable' rights. We have paid for our liberty with our blood, our lives, and our loved ones. Why must we take chances with a document that does not guarantee success? The need for a Bill of Rights is essential. Without the Bill of Rights, we are bound to face many issues: Our nation will split in two; we will have another Revolutionary War.…

    • 399 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Consent of the governed protects this right by giving everyone an equal say in their government. All people being governed get a say so everyone under the government is equal. Consent of the governed also puts the government at an equal ranking to the citizens. If they government must be given consent by its people, then the government is run by the people therefore unable to do whatever they want. The United States Constitution sets forth important laws that help to protect the ideal of the Declaration of…

    • 464 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    This secondary web document gave me valuable information about how women expressed to others their opinions. It also provided facts about the women activists group called Redstockings. It demonstrated their frustration towards laws that made it difficult for women to obtain abortions. I used this information in my historical background to show the effects women on society.…

    • 3793 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    roe vs wade

    • 506 Words
    • 3 Pages

    In the 70’s a pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the for the purpose of saving the mother’s life. In the 1960’s there was no federal law regulating abortions, and many states had banned the practice entirely, except when the life of the mother was endangered. Because women were not allowed to get abortions, it led many women of the time to seek black market abortions by unlicensed physicians or to perform the procedure themselves. As a result, several states such as California and New York began to legitimize abortions. Because abortions related to the feminist movement, women’s groups looked for the opinion of the United States Supreme Court. The anonymous Jane Roe Challenged the Texas law on December 13, 1971, the case slowly made its way to the highest court. After Two long years of the Jurors hearing evidence, the court invalidated the Texas law by a vote. The same system was used in the decision of the Griswold vs. Connecticut vs. decision; the right to privacy was implied by the 9th and 14th Amendments which the majority of the justices maintained. No state could have restrictions on abortions during the 1st three months, or trimester of a pregnancy. States from there on out were permitted to adopt restrictive laws, respecting the mothers health during the 2nd trimester. The practice could be banned outright during the 3rd trimester. Any state law that conflicted with this ruling was automatically overturned. Although women rights groups were thrilled, immediately an opposition emerged. The Roman Catholic churches had long criticized abortions as a form…

    • 506 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abortion has many different meanings to various people. Abortion is the termination of a pregnancy before a fetus is formed. Abortions are most likely to occur before the third trimester. Roe v. Wade was a lawsuit that established the unconstitutionality of forbidding abortion from women. The Supreme Court stated that the decision of abortion should be left up to the doctor and the patient. The Due Process Clause protects people with the right to privacy and therefore, this should include a women’s right to terminate a pregnancy. Most liberals and democrats agree that women should be able to have the right to do what they want with their bodies, no matter how cruel one might think it is. Conservative republicans on the other hand consider the possible child a human and are fighting for the rights of the non-existent child. Both sides are heavily opinionated which…

    • 568 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The Constitution was written for the welfare of the people Our Constituaional rights are very important. Without these rights, the United States would not be any different from other places in the world, who do not have as many rights as we do. Our rights secure the liberties and ensure justice for all.…

    • 302 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In 1791, after the final completion of the warfare fought for our nation 's independence, our forefathers drafted and ratified the Constitution for the United States of America, which contained the single most important document for any American citizen - the Bill of Rights. This precious document outlined the basic rights sought after by all the nation 's citizens, ranging from the freedom of exercising one 's inborn rights to the constitutional rights given to each of the unique and individual thirteen colonies, now part of the United States of America. Specifically, the First Amendment includes the most important rights for a truly democratic society: the rights of religion, speech, press, assembly, and petition. Without these valued rights…

    • 901 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Constitution was written to uphold the rights of the citizens of the United States of America along with stating which parts of our government has the right the govern the citizens. With that being said, the Constitution is also purposely very vaguely written as the Founders knew that our nation was just forming and would be constantly changing. With the vague text along with the changing of the Nation over the past 300 plus years, many things that were deemed as right during the forming of our Nation have been changed and amended as well as now being deemed as illegal, such as slavery.…

    • 662 Words
    • 3 Pages
    Good Essays