Abortion and the Constitution

Paper Summary:

A discussion of why the decision set forth in Roe vs. Wade was unconstitutional. This paper is not a discussion of the author's personal views; it is instead an analysis of why the Supreme Court acted irresponsibly in its landmark decision that made abortion legal in the United States. The essay describes why the Supreme Court did not possess the judicial authority to decide the case and the flaws in their reasoning that this type of protection falls under the United States Constitution. This paper emphasizes the reasons that individual states should have the power to create abortion-related laws and protections without interference from the federal government. Also included in the essay is a discussion about how this challenge might be approached in future legal battles to overturn Roe v. Wade and a brief discussion of Norma McCorvey, aka Jane Roe, and her current opposition to the Supreme Court ruling that she helped create.

From the Paper:

"The United States Constitution remains the oldest, written constitution and one of the most successful documents in history. This "supreme law of the land" also established the first federal form of government, as well as the first system of checks and balances to prevent any single branch of government from gaining too much power. Despite the ostensible simplicity of the Constitution, or perhaps because of it, the interpretation and application of this celebrated document are often the most fiercely debated topics of law. All constitutional decisions ultimately refer to the limited text of the Constitution and its amendments, rendering constitutional law the most challenging area of law due to the broad range of situations that the text is anticipated to encompass. The Supreme Court, the judicial body responsible for making such determinations, will occasionally err in its interpretation; however, history has shown that most critical errors will eventually be rectified. Both in theory and in application, I would deem the decision in Roe v. Wade to be an ideal example of the occurrence of such errors. In what was undoubtedly one of the Supreme Court's most controversial rulings, the Roe v. Wade decision declared that abortion was a right guaranteed by the U.S. Constitution under an implied right to privacy. The deficiencies of this landmark decision are not a question of morality. In my eyes, the Court's reasoning had a detrimental effect on the very structure of the Constitution and subsequently on individual rights."

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