Roe Vs Wade Research Paper

Logan Kollar

Government and Economics

Mr. Huesken

December 23, 2014

Bill of Rights Essay Assignment

Pro life or Pro Choice: Roe vs Wade

Since the 1970’s abortion has been a huge controversial issue to almost all people. The one of the problems at root begins with it being the women's choice to terminate her pregnancy or the Governments choice. The Roe vs. Wade Supreme Court Case of 1973 marked an uproar and split the nation in 3 groups being prochoice, prolife and undecided. This case was about a woman, Norma L. McCorvey, who stated her rights as a American citizen were being violated and a supreme court who will go down in history for being in one of the most debatable topics, abortion.

Norma L. McCorvey, who will later be known as Jane Roe

The major issue brought before the Supreme Court if abortion is in fact part of this "zone of privacy" stated in the listed amendments. Both parties had evidence that could be compling for the supreme courts decisions. Wade stated the State has a duty to protect prenatal life. Life is present at the moment of conception. The unborn are people, and are under the protection of the Constitution. The Texas law is a valid exercise of police powers given to States in order to protect the health and safety of citizens, including the unborn. While this was accurate, Roe also listed the given rights she was entitled as a American citizen. Under the Bill of Rights, It is improper for a State to deny individuals the personal, marital, and sexual right to privacy. In addition, in all of its history has the Court declared that a fetus, a developing infant in the womb, is a person. Therefore, the fetus cannot be said to have any legal “right to life.” Because it is unduly intrusive, the Texas law is unconstitutional and should be overturned. Previously the court decided in the case Griswold v. Connecticut. In this case the Supreme Court ruled that the Constitution protected a right to privacy. The case involved a Connecticut statute that prohibits any person from using "any drug, medicinal article or instrument for the purpose of preventing conception.” The Court invalidated the law on the grounds that it violated the "right to marital privacy". Although the Bill of Rights does not explicitly mention the word "privacy", Justice William O. Douglas wrote for the majority of the court that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination. The right to privacy is seen as a right to "protect[ion] from governmental intrusion." and