Explore BrainMass

The Constitution And The Original Meaning

This week we examined two different ways of interpreting the Constitution. Using one or the other as a basis, make a case for or against the constitutionality of Roe v. Wade. State clearly from the beginning which school of thought you are flowing, then take a position, and finally show how your school of thought on constitutional interpretation informs a position you will take on retaining or overturning Roe v. Wade.
Remember - and I'll restate it here - this is not so much a paper on the restriction of abortion as it is a paper using constitutional interpretation as a method to justify a positon on Roe v. Wade, one way or the other.

In addition to the arguments on original meaning in the text book, read and use the Unit 3, 3.2 on the restriction of abortion. Your paper needs to be a minimum of 500 words. Use APA standards. You may not use Wikipedia for a source.

2 references

Solution Preview

The first thing you will want to do is review the Supreme Court Ruling issued in 1973 and argued in 1971 to gain an understanding of why the Court ruled in the manner in which they did. What many do not realize is that the Court did not rule that there was a Constitutional Right to an abortion; rather the Court cited Due Process and the 14th Amendments right to Privacy. The Court found that there were two competing interests at hand, on one was protecting the health of the mother, and on the other was protecting the potential for human life. The state has the right to intervene only when the procedure is more dangerous than childbirth or when the fetus is not viable and even then there are limitations. In part the decision also ruled that an unborn child is not a person as defined by the ...