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Due Process clause of the 14th Amendment helped Roe vs Wade?

JEDI

JEDI

Lifer
14th Amendment

" Its Due Process Clause has driven many important and controversial cases around privacy rights, abortion (see Roe v. Wade), and other issues."

"Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. "


I dont see how this due process clause helped Roe vs Wade?
 
According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.

Taken from Wikipedia.
 
Originally posted by: JEDI
14th Amendment

" Its Due Process Clause has driven many important and controversial cases around privacy rights, abortion (see Roe v. Wade), and other issues."

"Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. "


I dont see how this due process cluase helped Roe vs Wade?
Click to expand...

By determining that there is a constitutional right to privacy that is violated by state laws against abortion those laws are unconstitutional and no longer valid.
 
Roe V. Wade cops out of defining when life begins, they go by what the current (well, at the time) belief on life begins according to the state. In which case, the state's position is that a fetus is not a person -- therefore it does not receive the protection of the 14th amendment. With this line being kind of the really important one: nor shall any State deprive any person of life.

I think it's crap, but I'll try not to make this into a pro-life/pro-choice thread.
 
Originally posted by: MartyMcFly3
According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.

Taken from Wikipedia.
Click to expand...

yeah, but How was Right of privacy violated in Roe vs Wade?
 
Originally posted by: JEDI
Originally posted by: MartyMcFly3
According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.

Taken from Wikipedia.
Click to expand...

yeah, but How was Right of privacy violated in Roe vs Wade?
Click to expand...

Read about the Supreme Court's decision. Link
 
The most "personal rights" are enumerated within the Bill of Rights (Constitutional Amendments 1-10). These rights only applied to Federal rights. The 14th Amendment subsequently made these main rights also applicable to States.

(I may be a little off since I haven't looked at Constitutional Law in years.)

edit: part of the right to privacy is the right to marry/have children/etc. By taking away these basic rights without 'due process' a state violates the 14th Amendmant (as currently opined by the Supreme Court)
 
Roe v Wade said that the 14th Amendment defined a 'person' (that is, a being to which rights are legally granted) is one whom has been 'born or naturalized.' Thus, personhood occurs at birth and the unborn do not have any rights. That's the main point, though the full decision makes it a little more complex than that. If the fetus were a person, abortions would be outlawed since abortion would violate the implicit right to life that supersedes all other rights. Given that the fetus is not a person, the state's interest in the fetus as a potential person takes a back seat to the woman's right to privacy.
 
Originally posted by: JEDI
Originally posted by: MartyMcFly3
According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.

Taken from Wikipedia.
Click to expand...

yeah, but How was Right of privacy violated in Roe vs Wade?
Click to expand...

I wouldn't try to think too hard about it. There are lots of legal scholars who agree with a woman's right to choose who feel that RvW was a bad judgement based on the flimsiest of reasoning by the SC.

There are many on the pro-choice side who would like to see another case go through so that a decision in favor of a woman's right to choose can be based on something more substantial.
 
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