Is the Right to Abortion Unconstitutional?
Thomas Jefferson’s words in the Declaration of Independence concerning inalienable rights and the infamous case of Roe versus Wade have been the subject of debate for many years. Supporters of women’s right to choose abortion state that it is unconstitutional for women to not be able to decide on whether or not they want to terminate a pregnancy, while those that oppose abortion believe that ending the life of a fetus takes away the fetus’ constitutional rights. Whichever side you support can depend on your interpretation of Thomas Jefferson’s words, religious beliefs, and life experiences. Women should be able to decide whether or not to terminate a pregnancy based on how it can affect her quality of life, as a fetus that is not viable outside the womb has less rights and quality of life to consider. To support women’s rights to abortion, you must understand the hierarchy of inalienable rights, the impact on both the mother and the fetus, and what is meant by “person” in the Fourteenth Amendment. Inalienable rights are those rights that every human being is entitled to that cannot be taken away by the Congress, a court, or a President. Also, a person cannot legally surrender one of these rights. In terms of inalienable rights, there is conflict on the subject of abortion. While both the mother and the fetus have inalienable rights, which right outweighs the other? David Stevens has referred to this as the Hierarchy of Inalienable Rights. Does the woman’s “right to choose” (her liberty right) trump the fetus’ right to be born (right to life)? (Stevens) A woman’s reproductive right is part of her liberty rights. She has the right to consider how bringing a human being into the world would affect her life. No matter what her reasons may be for deciding it is not the best time to have a child, it is her right to liberty to choose. The law cannot force you to support another life, be it a fetus, or someone else, without taking away your inalienable rights. Judith Thomson explains this best: “You wake up in the morning and find yourself back to back in bed with an unconscious violinist, a famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist's circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. The director of the hospital now tells you, ‘Look, we're sorry the Society of Music Lovers did this to you—we would never have permitted it if we had known. But still, they did it, and the violinist now is plugged into you. To unplug you would be to kill him. But never mind, it's only for nine months. By then he will have recovered from his ailment, and can safely be unplugged from you.’ Is it morally incumbent on you to accede to this situation? No doubt it would be nice of you if you did, a great kindness. But do you have to accede to it? (Thomson)” One may argue that the more basic right trumps the less basic right. You have to have life in order to enjoy liberty, making life the more basic right. (Stevens) In this argument, the fetus has more right than the mother, because of his or her right to life. The reason that the fetus has rights is because it is a person from the time of conception, and killing a person is wrong. The loss of one’s life deprives one of all the experiences, activities, projects, and enjoyments that would have otherwise constituted one’s future. Therefore, killing someone is wrong, primarily because the killing inflicts (one of) the greatest possible losses on a victim (Marquis). It is impossible to force a woman to continue to carry a fetus against her will without taking away her inalienable rights. While some may see that the fetus from conception has...
...Abortion Should be Legalized
The issue of abortion is very controversial in today's society.
Although many people think it shouldn't be legalized, there are just as many who
think it should. Your opinion rests with you and possibly the values you were
brought up with. Whether you think women should have the right to abortion or
not, you can find support for either side.
Many individuals take the side of anti-abortion or pro-life which means
they don't think women should have the right to abort an unborn child. This is
the con side of legalizing abortion. Some of the pro-life members think that
the reasons women shouldn't be able to abort is that the mother is ending an
unborn child's life and if the mother is old enough to get pregnant they are old
enough to have the child. Some pro-life activists think that even if you have
to put the baby up for adoption later you should still have it. Although some
of the reasoning that pro-life activist use, might seem a little ridiculous at
times many of the activist aren't able to have children or are just trying to
defend a baby that can't defend it self. The pro's of pro-life are that the
baby gets a chance to live and experience life outside of the womb and maybe
someone who is unable to have children will get the chance to be a...
...Right to Life, Right to Voice
For decades the idea of abortion is one of the most important ethical issues ever concerned in United States. Should abortion be allowed in the United States? If so under what circumstances the practice should be allowed? Abortion which is the deliberate termination of a pregnancy has been one of the most intensely debated matters in the United States for more than a century. Therefore, this paper will examine all the interpretation of the issue. It will explore the history of abortion, the reality and moral rights made by both parties that argue the issue. This paper will also explain political positions taken on abortion and examined those affected by it.
Abortion is a process that has been practiced since ancient times. The first recorded of abortion dates back to 2600 B.C. according to Werner Haas in the article History of Abortion. In the United States abortion dates back to the early 1800’s it was a means of controlling the population. According to Judy Norsigian practice of abortion was outlawed in the United States in 1880. However, about 2 million abortions in a year were illegally performed after it was outlawed. Although the number of death induced by illegal abortions is not exactly known scholars state that...
...Abortion is the most debated and contraverial topic in present.There has never been an issue which caused more disputes and conflicts within our society, than abortion. We can all agree that abortion is an incredibly complex issue. The opinion of the American people is also a lot more complex than "pro life" or "pro choice". According to one poll that was conducted by a Christian organization, seventy-five percent of Americans believe in "pro life" theory. According to another poll, which was conducted by a state medical board, concluded that the majority of Americans believe in a "pro choice" ideology. Who do we believe? There seems to be an obvious difference in the definition of the terms. I suppose it is possible to create unanimous definition of both terms, which will be approved by both sides, but until then our society will continue to fight a never-ending battle. I also believe that we would not have to fight over this issue if everybody fully understood the indisputable consequences, which would be caused by a ban on abortion.
Abortionright is the most controversial issue among women. I find it disturbing that some women advocate a ban without considering the consequences. By advocating a ban on abortion women deprive themselves of some of the fundamental rights of our political system. The freedom to make individual choices and decisions should be...
...Today, teenage abortion has become a complicated issue. We are faced with the decision of "WHO CHOOSES", the parent or their pregnant teenage daughter. While most parents are informed and support their daughter's decision whatever the decision may be, other parents doesn't get informed about their daughter's pregnancy or about getting an abortion. Instead they have illegal abortions or travel outside of the state to have an abortion because it is illegal in their home state. Because of this situation, parents have a right to know when their teenage daughter is having an abortion so they can know if any complications occur after the procedure.
These teenagers are going through this because they are becoming sexually active at a very young age. Their hormones are surging as they begin to deal with adult roles and expectations about sexual behavior (Crews 2005). They believe that they can handle the responsibilities of being sexually active with many sexual partners until they find out that they have contracted a sexually transmitted disease or gotten pregnant. When they find out that they are pregnant, it becomes very hard on them and the parents, and while some decide to go through the pregnancy and keep the baby others decide on abortion. The ones that decide on the abortion are the ones whose parents don't know about the pregnancy and they go without their...
Right to Abortion
Today, abortion and the right of legalization of abortion, is one of the few controversial subjects among all whether they are involved directly or indirectly, whether they are for it or against it. Many people feel aborting an unwanted child or killing an unwanted child should be against the law. Many people don’t know what abortion is, who can receive abortions, and why people would even choose to get them. Personally, I agree with abortion, since I think every last person is entitled to his or her own opinions, beliefs, thoughts, and rights. Further, legalization of abortion benefits reduces injury and death caused by unsafe illegal abortion, reduces motherhood punishment for having a sexual intercourse, and gives women more opportunities continue working on goals of education and career.
First of all, legalization of abortion reduces injury and death caused by unsafe illegal abortions. Historically, women around the world have tried to end their unintended pregnancies whether abortion is legal or not, often jeopardizing their safety and health by self-inducing or seeking a dangerous illegal procedure. The World Health Organization defines unsafe abortion as a procedure for terminating unwanted pregnancy either by persons lacking the...
...Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability.[note 1] An abortion can occur spontaneously, in which case it is often called a miscarriage, or it can be purposely induced. The term abortion most commonly refers to the induced abortion of a human pregnancy. After viability, the relevant procedure is referred to as a "late termination of pregnancy".[note 1] Modern medicine utilizes medications and surgical procedures for induced abortion.
Abortion, when induced in the developed world in accordance with local law, is among the safest procedures in medicine. Uncomplicated abortions do not cause either long term psychological or physical problems. Unsafe abortions, however, result in approximately 47,000 maternal deaths and 5 million hospital admissions per year globally.
An estimated 44 million abortions are performed globally each year, with slightly under half of those performed unsafely. The number of abortion has stabilized in recent years, having previously spent decades declining as access to family planning education and contraceptive services increased. Forty percent of the world's women have access to legal induced abortions (within gestational limits).
Induced abortion has a long history and...
...Abortion: A Violation of Human Rights?
A medical procedure designed to end a pregnancy is called an abortion. Why a woman would no longer want to be pregnant after conception is a question of many answers in which only the individual woman can answer. Some people are against abortions and believe for one reason or another they should not take place. Others argue, saying that because the pregnancy exists within their body they have the right to do with it as they please, regardless of how it affects the fetus inside of them. Thus the argument begins, pro- or anti-abortion.
Here in the United States there are two different methods of abortions. A woman can either end her pregnancy by taking medicine (called medical abortion) or having surgery (called surgical abortion) (National Institute of Health; Medline Plus). The method of medical abortion involves a two-part medication which is ingested orally at different time intervals and requires the woman be less than eight weeks pregnant. The first part called mifepristone is given to the woman by a doctor. Mifepristone blocks the hormone progesterone needed to maintain the pregnancy. The second part of the medicine called misoprostol is taken twenty four to seventy two hours after the first. Misoprostol causes contractions resulting in a miscarriage. With the...
...Abortion: Defending a Right to Choose
In the beginning long before Roe v. Wade, opinions regarding abortion were prevalent in regard to pro-life ideals to include the original Hippocratic Oath that states, “I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly, I will not give to a woman an abortive remedy,” however, in today’s society many changes have occurred and pro-choice has become a staple among many who believe a woman has the right to choose which can also be reflected in the 1964 revision of the Hippocratic Oath by Louis Lasagna which makes no reference to abortive remedies for women.
There are several different arguments in relation to when a fetus can and should be considered a human being. The question of when life begins is never more profound than when it becomes relevant to this issue of abortion. From a pro-choice point of view, the status of a fetus is a matter of individual opinion. In retrospect, we must understand that regardless of whether a fetus is human or has rights, women will have abortions anyway, even if it means breaking the law or risking their lives. The Catholic Church opposes and condemns any and all direct abortions even those resulting from rape, incest, and those that present a danger to the life of the mother. However according to the NAF (National...