Before abortion, a couple's decision for contraception to prevent pregnancy was an issue that I believe eventually effected the right to have an abortion, and is therefore important to discuss. In 1965, the case of Griswold v. Connecticut challenged a state law prohibiting the use of birth control devices, even by married couples. Griswold, an executive director of the Planned Parenthood league, distributed information, instruction, and other medical advice to married couples concerning birth control. The Supreme Court ruled that the state had no right to interfere with a married couple's decision regarding contraception. The court based its decision on the Bill of Rights, saying Americans have the right of privacy.
I believe this case is the beginning of the idea that women should have the right to privacy, whether it is to get pregnant, and to even decide whether or not she wants the child once she is. This case leads up to the most significant historical event relating to Abortion, a landmark United States Supreme Court case in 1971, called Roe v. Wade. The results of this case have been debated for decades, and still are today. The primary argument of this case is whether it should be legal or not to terminate pregnancies. The outcome of this case was that all laws against abortion violate a constitutional right to privacy, which overturned state laws outlawing abortion. The people against abortion believe that the text in the Constitution isn't accurate enough to support the right to privacy, and therefore kill a human life. Supporters of abortion believe it is right to preserve women's equality and their personal freedom. In the past years anti-abortion activists have attempted to reverse the Court's decision or create a constitutional amendment to ban abortions, but have been unsuccessful.
The outcome of this case has shaped the laws on abortion in the United States today. The federal government has declared that abortion is not unconstitutional, and has allowed it to be handled by the states. This has created a strong division between the democratic and republican parties. In general, democratic states favor abortion, while republican majority states do not. Therefore, states against abortion have the ability to put strict laws on whether or not a woman can have one. This continues to be a major issue throughout the country. For example, if a woman was to get pregnant and want an abortion, but it was not legal anywhere near her, and she could not afford to travel to get one, she would be forced to have the child. Meanwhile, a woman who lives in a state that allows abortion, has the convenience to get it done. To me, this is unfair. All woman should have the same right, no matter where the live in the United States. Another example is if a woman gets raped but does not have the access to abortion because of a state law, why should a woman who carelessly got pregnant have anymore of a right to an abortion than a woman who was unwillingly made pregnant?
I believe federalism will continue to be an issue relating to abortion. The constitution should not be interpreted any different now than it has been in the past. If a woman has a right to privacy, she should be allowed to have an abortion if she so desires. However, as long as some states allow it and others don't, there will always be a conflict between the rights of the state and federal government.
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2 Comments
Post a Commentuld make the choice not to engage in such activity (not an impossibility) until willing and able to care for potential children, there would we less choosing women would need to do. The government (We the People, in order to form a more perfect union . . .) should be involved because it is a life/death issue--but why shouldn't the government try to regulate a man and woman who are unwilling to commit to becoming married before entering into a conceptual relationship when it is (we are) already regulating those that do? Should we resist protecting the results (viable pregnancy) of willful procreation because some believe they are entitled to change the results?
The right to privacy should be the choice to engage in the activity that potentially produces children. If one party through force violates that choice, then the choice on the results of such actions should always be with the unsolicited party. If that choice is made voluntarily with full mental capacity, whether the results are planned or unplanned, a pregnancy will not be the choice of the mother or the father. Whether you believe by science or by faith, when a man and a woman make that choice, a pregnancy does not result because that man and woman chooses it to be so. Some would say that women have this power of choice because they carry the newborn(s). Some would say that men have no power of choice because they do not carry the newborn(s). The choice is really on the side of engaging in the activity of procreation. Probably, if more men would make the choice not to engage in such activity (not an impossibility) until willing and able to care for potential children, there wo