POL303: The American Constitution
Respond to Peers: Respond to at least two of your classmates’ posts by Day 7. In your responses to your peers of at least 200 words, extend the conversation by examining their claims or arguments in more depth or by responding to the posts that they make to you. Keep the discussion on target and try to analyze things in as much detail as you can. For instance, analyze your classmate’s argument concerning the right to privacy and abortion. Is their argument reliably and credibly supported by the U.S. Constitution and established case law? Also, support your analysis with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
How does the right to privacy protect a women’s right to have an abortion or not?
According to the National Women’s Law Center, “The right to abortion was first recognized four decades ago, and the Supreme Court has repeatedly reaffirmed its central holding, yet this fundamental constitutional right is under ever-increasing attack. (www.nwlc.org).” The Decision to Have an Abortion is Protected under the Constitutional Right to Privacy. In the 1973 landmark case Roe v. Wade, the Supreme Court applied this core constitutional principle of privacy and liberty to a woman's ability to terminate a pregnancy(www.nwlc.org). In Griswold v. Connecticut, the Supreme Court ruled that the constitutional right to privacy extends to a married couple’s decision to use birth control. Also according to National Women’s Law Center, “
Is this a constitutionally valid interpretation of the right to privacy? Why or why not
The Court made clear that as a basic right to privacy protected by the Due Process Clause of the Fourteenth Amendment, the woman’s right is “fundamental,” meaning that governmental attempts to interfere with the right are subject to “strict scrutiny.” The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws(www.law.cornell.edu).
Reference
https://www.law.cornell.edu/wex/equal_protection
www.nwlc.or
11 years ago
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