The Constitutional Issue of Abortion :: Argumentative Persuasive Topics

The Constitutional Issue of Abortion Three Works Cited Many people believe abortion is only a moral issue, but it is also a constitutional issue. It is a woman's right to choose what she does with her body, and it should not be altered or influenced by anyone else. This right is guaranteed by the ninth amendment, which contains the right to privacy. The ninth amendment states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This right guarantees the right to women, if they so choose, to have an abortion, up to the end of the first trimester. Regardless of the fact of morals, a woman has the right to privacy and choice to abort her fetus. The people that hold a "pro-life" view argue that a woman who has an abortion is killing a child. The "pro-choice" perspective holds this is not the case. A fetus is not yet a baby. It does not posses the criteria derived from our understanding of living human beings. In a notable defense of this position, philosopher Mary Anne Warren has proposed the following criteria for "person-hood": 1) consciousness (of objects and events external and or internal to the being), and in particular the capacity to feel pain. 2) reasoning (the developed capacity to solve new and relatively complex problems) 3) self-motivated activity (activity which is relatively independent of either genetic or direct external control) 4) the capacity to communicate, by whatever means, messages of an indefinite variety of possible contents, but on indefinitely many possible topics. 5) the presence of self-concepts, and self-awareness, either individual or social, or both. (Taking Sides -Volume 3). Several cases have been fought for the right to choose. Many of these have been hard cases with very personal feelings, but the perseverance showed through and gives us the rights we have today. Here are some important cases: 1965 - Griswold v. Connecticut - upheld the right to privacy and ended the ban on birth control. Eight years later, the Supreme Court ruled the right to privacy included abortions. Roe v. Wade was based upon this case. 1973 - Roe v. Wade: - The state of Texas had outlawed abortions. The Supreme Court declared the law unconstitutional, but refused to order an injunction against the state. On January 22, 1973, the Supreme Court voted the right to privacy included abortions.