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Why is abortion a constitutional issue?
I'm doing a common task in civics and i need more information on how abortion is a constitutional issue. PLEASE HELP ME
11 Answers
- libstickerLv 71 decade agoFavorite Answer
Roe V Wade was the pinnacle of making it a constitutional issue. It was a legal challenge based on a woman's right to privacy and not needing the biological fathers right to proceed. This constitutional challenge is what made abortion legal and without challenge by the States.
- 1 decade ago
Abortion is a considered a legal question, because some consider it Murder, willfully killing a human being is pre mediated murder. NOW, the big question is when is the child consider a person? As an egg, an embryo, a fetus, in their 1st trimester, 2 trimester, 3 trimester?
Some states allow abortions only in the 1st and/or 2nd trimester of conception. At which point the fetus is consider a living human being and killing it would be a crime.
Others argue that the baby is a human being at the momemt of conception, once the egg is fertilized and growing. These are often the anti-abortion people.
Others say no, it does not even resemble a human being until __ months of growth.
Others say it doesn't matter when if becomes a human being if a woman doesn't want it, she can have it killed and pulled from her(aborted). That a woman has the right to control her own body and make that decision herself. They resent the state interfering in their "Right to Choose".
This all had to go to court, no state court could resolve it so it went to Supreme Court. Roe vs. Wade is the case that said a woman has the "Right to Choose" whether to carry a baby to full term or not.
Some, a few, say it is murder, at whatever stage. Still murder is sanctioned by the law, criminals are excuted, soliders are trained and sent for the express purpose of killing, taking lives. So killing is legal, when government sanctioned. So why wouldn't a woman have the power to kill, the legal right to kill, her on own child, in the womb, if she wants.
Pick your flavor, but there it is.
- 1 decade ago
Here's your answer:
Morality aside, abortion is a medical procedure - a surgery which is performed by a physician. The question of its legality is derived from whether or not the government is granted the authority under the U.S. Constitution to intervene in the medical decisions of a citizen of the United States.
When abortion laws were challenged in front of the Supreme Court (Roe v. Wade), the Court found that the government does not, on any level (state or federal), have the authority to prevent a citizen of the United States from obtaining any type of medical care. The Court's interpretation of the Constitution led it to find that abortion laws - that is, laws making abortion an illegal act - are not supported by the Constitution. The Constitution contains a penumbra which protects U.S. citizens' right to privacy.
Whatever you do, in your report, do not state that Roe v. Wade legalized abortion. It did not.
- TroubleMakerLv 51 decade ago
Its a States issue and do not let anyone fool you on this issue .
We have many abuses of the constitution and the Supreme court because of the delusional people in this country who to often pray to save lives instead of acting in a manner which would prevent abortions .
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- 1 decade ago
Because the founding fathers, in their extraordinary wisdom, probably believed that it was not necessary to specify a 'Right to Life' in the Constitution. Since all rights guaranteed by the Constitution are essentially moot without a basic right to life, I'm sure they considered the need to spell out a 'Right to Life', which they considered inalienable and endowed by the creator to be the ultimate 'given'. A post colonial 'no brainer'.
Modern man, however, has 'progressed' and apparently does not see it this way. Because 'Life' is not specifically spelled out in the Constitution, it is apparently not a 'Right'. That's an extraordinary testament to our society.
- Anonymous1 decade ago
Because state abortion bans were overturned in 1974 by a Supreme Court ruling in Row v Wade that found there to be a constitutionally guarenteed right to privacy between a woman and her doctor which made it illegal to outlaw abortion as it is a medical procedure.
- 1 decade ago
Previously, the issue was left up to the states to decide, however it was eventually challenged in the courts. The case made its way to the Supreme Court, where they decided if state laws were constitutional or not.
- 1 decade ago
Because in the constitution is says that everyone has the right to life, liberty, freedom... Key word is LIFE!!
- Anonymous1 decade ago
It shouldn't be...it's a personal issue, it's a family issue, it's an issue between a woman and her doctor....as far as helping you for your class or whatever...read a friggin book.
- Anonymous1 decade ago
It is a constitutional issue becuase the US Supreme Court decided it was....the Supreme court has sole authority to interpret the constitution