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Where does the Constitution mention abortion?

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Where does the Constitution mention abortion?

Old 10-25-2002, 06:50 PM
  #1  
Nontypical Buck
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Default Where does the Constitution mention abortion?

Whenever the topic of abortion comes up the baby killers seem to frequently and incessently refer to a woman's "Constitutional right to choose (to murder her baby)"

I've taken a couple classes that involved Constitutional Law and read the Constitution, but I have yet to find any specific reference or inference to abortion in any way.

I'm not a lawyer, and I'm not 100% up to speed on Roe v. Wade, but what basis in the Constitution did the Supreme Court use to justify their ruling? Or was it (as I suspect) simply an eggregious act of using the high courts power to write social(ist) policy?

Mike




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Old 10-25-2002, 08:46 PM
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Default RE: Where does the Constitution mention abortion?

They contend that it is backed up by the 9th amendment, the (so-called) right to privacy.

Roe vs. Wade

The Constitutionally implied right to privacy protects a woman's choice in matters of abortion.
Norma McCorvey sought an abortion in Texas, but was denied under state law. The Court struck down that law, on grounds that it unconstitutionally restricted the woman's right to choose. The opinion set forth guidelines for state abortion regulations; states could restrict a woman's right to choose only in the later stages of the pregnancy. Later modified but not overruled, the decision stands as one of the Court's most controversial.
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Old 10-25-2002, 09:05 PM
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Default RE: Where does the Constitution mention abortion?

I have a related question...

Where in the Constitution is the ability to make new law EVER given to the Supreme Court?

I thought that the Congress is the only branch of the Government with the ability to make law.

MJW
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Old 10-25-2002, 09:06 PM
  #4  
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Default RE: Where does the Constitution mention abortion?

But now does a right to privacy translate into a right to choose to abort one's child? It doesn't make sense.

If that's the case, why don't people have the right to commit suicide? If a woman can arbitrarily decide to take the life of another, without the consent of it's father, then shouldn't an individual have the right to end their own life (I say no, but I'm playing devil's advocate). The courts have long held that one may not take their own life. Roe v. Wade was (and is) just feminism run amok.

Mike




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Old 10-26-2002, 01:16 AM
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Default RE: Where does the Constitution mention abortion?

It's a liberal activist court run amok. Everyone, even the liberal, know it's not based upon any written law, just a misguided intrepration of the constitution. It's a made up right, pure and simple. The main problem is it's almost impossible to get the supreme court to reverse a decision of an earlier supreme court, even one as ridiculous as this.
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Old 10-26-2002, 03:47 AM
  #6  
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Default RE: Where does the Constitution mention abortion?

driftrider, I can't debate this one with you, I feel much the same way you do, all I can do is tell you the argument they would use.

Two things...

1. The Supreme Court does not recognize a fetus as life. Now, you don't have to agree with that, but once you accept it, the rest of their reasoning falls right into place. The 1973 court, and many other people, believe that the Constitution guarantees a person the right to privacy. The abortion crowd believes that by forcing a woman to have a child, you are somehow violating her right to privacy, i.e. the right to be a slut, and not have everyone know about it.

2. The Supreme Court does not have the power to make new laws. Their job is to make sure that laws passed are in compliance with the U.S. Constitution. You may think that they are "legislating from the bench", but that is a term that is overused to the point of making me physically ill. The Supreme Court has never once "made" a law. They have upheld some, struck down others, but never have they arbitrarily created a law.


The power in this country has been located in the courts for better than 200 years. The Constitution says what the Supreme Court says it does, and that is one of the reasons it has survived so long.

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Old 10-27-2002, 05:38 PM
  #7  
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Default RE: Where does the Constitution mention abortion?

I agree this Idea of hidding behind the right of privacy to kill a child is obsurd. You couldnt convict any one of an unlawfull act as long as it was done private.


"You cant convict me of shooting my wife. I shot her in private."

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Old 10-27-2002, 06:11 PM
  #8  
fng
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Default RE: Where does the Constitution mention abortion?

I'm curious. this man we call "carpie" ain't too damn dumb.
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Old 10-28-2002, 08:12 AM
  #9  
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Default RE: Where does the Constitution mention abortion?

Must be due to that wedding of his!

"Out of the woman comes the man, who spends the rest of his life getting back again". Peter Gabriel
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Old 10-28-2002, 11:05 AM
  #10  
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Default RE: Where does the Constitution mention abortion?

driftrider the Constitution doesn't mention a lot of the laws we live under, it does not spell out fraud, speeding, tolls, etc. etc. it is a guideline that all laws must meet as deemed by the Supreme Court.

The Tazman aka Martin Price
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