As the Supreme Court currently interprets the Constitution, yes: outlawing abortion would be unconstitutional.
The Supreme Court believes that, among other things, the Constitution protects us in a "right to privacy"--that privacy is one of the important components that makes up "liberty," which is protected by a concept called "substantive due process." Basically, Congress can't pass laws which take away our liberty, of which privacy is a part. And, with Roe v. Wade, the Supreme Court has determined that a woman's decision whether or not to carry a pregancy to term is a matter of her privacy.
Of course, a future Supreme Court might decide something different... but, changing the direction of their doctrine isn't something they do quickly or lightly. The Supreme Court feels itself partially bound by past decisions--called precedent--and doesn't usually want to overturn prior courts (in part because that would give future courts free reign to overturn *their* decisions).
So, yeah: abortion is a protected right, and it is unconstitutional to outlaw it.
2007-03-09 14:13:06
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answer #1
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answered by tylerism 2
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No, that's not correct.
Abortion was illegal before the Supreme Court made it's outrageous ruling. Nobody that I know has been able to find any reference to abortion in the Constitution.
If you read the Declaration of Independence, which is the Founding Document of our Republic, you will read 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." Obviously life is necessary before we can enjoy liberty, or the pursuit of happiness.
To those who say that this reference is only to thoses already born, we can say that it only applies to men, and not women. Certainly, it refers to all people, men or women, born or un-born, healthy or handicapped.
That Supreme Court ruling should have immediatley been set aside by the Congress, which has the authority to limit the jurisdiction of the Supreme Court (Article 3, Section 2). Also, members of the Supreme Court who continally rule aginst the original intent of the Constitution should be removed (Article 3, Section 1).
Many of the current policies of the federal government are in violation of the Constitution, for example: the PATRIOT Act. It is a violation of the Fourth Amendment (unreasonable search). As long as the American people believe that they can attain security by giving up their freedom, we will continue the move toward a police state.
Abortion is the abregation of the right to life. It is part of the loss of freedom that we are experiencing.
2007-03-09 14:58:37
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answer #2
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answered by iraqisax 6
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I think that should be the individuals choice.. What is up with this? What is so hard about this... Everyone has to be born and everyone has to die. They don't have a constitution to tell them whether they should or not... My point being everone has to answer for him or her self....
Can we please dwell on other issues like the right to get acess to medical care and why terriorists are holding inoccent people against their will. Why someone is not allowed to have peace and a private life and why there should be laws to protect peoples right to privacy?? Personally i think others already have enough evasion into ones life, taxes, etc. I really want less of that stuff. I think that is a dead issue. Give it a rest.... I think that common sense is the best in any situation...
2007-03-09 14:34:04
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answer #3
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answered by Anonymous
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What about the Right for a Baby to Be Born.
They are so innocent. Who will Hear there cry, when they can't cry?
Who will hold their hands, as they are getting chopped up, and then sucked into a vacuum? Where is the Love for them?
Where is their sin? Why are they being punished for a Mothers right to Murder them?
Babies are innocent, they are NOT CLUMP OF CELLS.
They are so young, do you think a baby thinks? Of chorse, but it can't communicate, expect for with crys. What about the Crys of a an unborn.
Pre-mature babies cry. My son was born 30 weeks, and he was 3 pounds. People abort at 30 weeks. He was able to breath on his own, but he couldn't eat. Sucking, made him lose his breathe, but he is still a baby, and his thoughts did process.
2007-03-09 14:09:28
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answer #4
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answered by mornings_sunshine 2
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No that's not right. Roe vs Wade was a supreme court decision which allowed abortion.
Another case may come to the court and reverse it. Or a bill could be passed to outlaw it.
2007-03-09 14:01:16
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answer #5
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answered by Anonymous
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Abortion itself is not in the Constitution. Its protected under the Right to Privacy.
That means any court could change it if that Right is interpreted differently in the future.
2007-03-09 13:59:24
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answer #6
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answered by Lisa the Pooh 7
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If the woman wants to abort her body, it is called suicide, if she aborts the living person inside of her it is called murder, but in a politically correct manner. There is nothing in the U.S. Constitution regard these acts. We are guarantee certain unalienable rights as endowed by our Creator (in layman's terms, this means that we have certain rights that come from Jesus Christ), and these are Life, Liberty, the Pursuit of Happiness. Life includes the unborn.
2007-03-09 14:09:26
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answer #7
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answered by michael m 5
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So it rather is all on Sara Palins head? lots do not choose abortion to be paid for by using the american human beings. I particularly do not choose to pay for somebody to have an abortion. do not throw out that rape and incest excuse. it particularly is fairly uncommon. Roe vs Wade became into desperate by using the courts not the form. "rather" there are plenty human beings that choose to kill unborn toddlers. Hasn't every physique heard of start administration until now getting pregnant. I even have six babies and needed all of them. in case you do not choose a splash one the two don't have intercourse or a minimum of attempt start administration. I even have in no way met every physique that needed their mom had an abortion together as pregnant with them. i in my view have self assurance thou shalt not kill trumps Roe Vs Wade.
2016-12-18 09:40:08
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answer #8
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answered by ? 4
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That is subject to interpretation. The constitution says that all people have the right to life, liberty, and the pursuit of happiness but some people want to add, unless you are still in the womb, then you have no rights.
2007-03-09 14:02:33
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answer #9
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answered by rbarc 4
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Right.
Look what happened in Romania when the government banned abortions in the 1980's.
2007-03-09 13:59:59
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answer #10
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answered by Anonymous
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