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Explain how current-day abortion rights are derived from the “due process” clauses of the Fifth and Fourteenth Amendments?

2006-12-01 12:37:02 · 3 answers · asked by hooplakitten 2 in Politics & Government Elections

3 answers

Excellent question!!

No person shall be deprived "of life, liberty, or property without due process of law."

Now, in order to get to the right to abortion, you need to take certain words out of that statement and flush them down the toilet. Take out "life," "or property," and "process of." You'll end up with the rule that no person shall be deprived of "liberty without due law."

Now, ........ why does "liberty" mean the right to have abortions? Because the Justices said so, that's why. So the "liberty" to have abortions cannot be deprived "without due law." Laws banning abortion are not "due." Why not? Because the Justices are better than legislatures at figuring out which laws this country needs.

That's all there is to it. Ignore the words that you don't want and come to your conlcusions by way of assertion. It is so because they said so.
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2006-12-01 12:48:34 · answer #1 · answered by Anonymous · 4 0

The supreme court knows more about the constituton than everybody else so we have to take their word for it when they say the constitution gives woman the right to an abortion. Actually the constitution does not permit or forbid abortion. The court found that the laws that the states had against abortion were bad because 1. they were unfair because a woman who could afford to make a trip to a place where abortion was legal could get one, but a poorer woman had to get a dangerous illegal abortion from a local criminal. 2. The people who commit the worst crimes are the result of un-aborted pregnancies. If you think about it long enough you will come to the conclusion that there should be a law against a pregnant woman not having an abortion.

2006-12-01 21:22:45 · answer #2 · answered by Tim'sSO 4 · 1 1

Abortion rights are derived from "due process" clauses wherein women must be able to avail of abortion if there are valid reasons due to medical reasons or rape.

2006-12-01 20:41:57 · answer #3 · answered by FRAGINAL, JTM 7 · 0 0

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