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- Xref: sparky talk.abortion:52817 alt.politics.usa.constitution:1327
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- From: thf2@ellis.uchicago.edu (Ted Frank)
- Newsgroups: talk.abortion,alt.politics.usa.constitution
- Subject: Basis for Roe Decision
- Message-ID: <1992Dec23.171241.7353@midway.uchicago.edu>
- Date: 23 Dec 92 17:12:41 GMT
- References: <1992Dec23.052521.20134@netcom.com> <1992Dec23.071640.4656@mksol.dseg.ti.com> <1992Dec23.073531.4848@mksol.dseg.ti.com>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- Lines: 41
- Supersedes: <1992Dec23.170446.6919@midway.uchicago.edu>
-
- In article <1992Dec23.073531.4848@mksol.dseg.ti.com> noonan@mksol.dseg.ti.com (Michael P Noonan) writes:
- >I have been trying to get a bearing on this issue (abortion) from the
- >legal perspective. Can any-
- >one recommend a good source on the constitutionality of the Roe vs.
- >Wade decision. Right now I could care less about the morality and
- >emotion of the issue.
-
- Your question is ambiguous, but I'll address both possible meanings.
-
- 1) What is the Constitutional basis for striking down anti-abortion laws?
-
- Lawrence Tribe of Harvard has written a whole book on the subject:
- "Abortion: The Clash of the Absolutes" or something to that effect.
- The argument is that there's an inherent constitutional right to privacy,
- as identified in the First Amendment's "freedom of association", the
- Third Amendment's prohibition of involuntary quartering of soldiers,
- the Fourth Amendment's search and seizure provisions, the Fifth Amendment,
- and the Ninth and Fourteenth Amendments. If the right to privacy extends
- to contraceptive decisions, then it must apply to the personal autonomy
- of the decision to have an abortion. This was the reasoning of Roe.
-
- Further arguments exist as to abortion rights as implicit in the Equal
- Protection Clause in the Fourteenth Amendment, or (less plausibly) in
- the Establishment clause of the First Amendment, though the Court has yet
- to adopt either of these approaches.
-
- 2) What makes the decision itself Constitutional?
-
- The Constitutionality of the Roe v Wade decision itself rests on Article
- VI, Section 2 of the Constitution (the Supremacy clause), and Article III
- of the Constitution, vesting the judicial power in the Supreme Court.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-
-
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-