Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Roe vs. Wade?????????????

What amendments were used in the ruling of Roe vs. Wade?

8 Answers

  • 1 decade ago
    Favorite Answer

    The first ten amendments to the Constitution (commonly called the "Bill of Rights") applied originally only to the Federal

    government. When the fourteenth amendment was passed after the Civil War, these rights were extended to state and local governments through its provisions of "due process." Roe v. Wade follows this path but appears to be somewhat unique because the right to privacy is nowhere explicitly enumerated in the Constitution. Literalists and strict constructionists hold that Roe was wrongly decided because if the framers had wanted to establish a right to privacy they would have written it in an amendment like all the other rights.

    I hold that the right to privacy is the fundamental, basic, foundational right upon which all the others are predicated. If one does not have the right to be left inviolate in one's self, then the exercise of any other right is meaningless.

    The framers did not address the privacy issue because it did not exist in a frontier nation with two people for every square mile. Had they been able to foresee electronic surveillance, data mining, phone tapping, identity theft, and so forth these champions of the right to be secure in one's self certainly would have explicitly stated a right to privacy.

    What it arguable is the extent to which this right, like all the others, extends. Free speech stops when it is false or inflammable. No one is permitted the free exercise of a human sacrifice religion. We can and should argue about the limitations which Roe imposes on the right to privacy. It is deceitful and disingenuous to try to evade that argument by denying the most basic right of privacy.

  • 1 decade ago

    9th The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    14th 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.

    Specifically the ruling indicates that the Texas law infringed on the woman's right to privacy re: 9th and equal protection re:14th.

    The ruling didn't alter the fact that an abortion can not take place after the fetus is viable since that would violate the fetus's rights under the 14th.

  • Anonymous
    1 decade ago

    Well the decision of roe v wade was protected under the due process clause of the 14th amendment. So yeah I would say the 14th Amendment. Also, take in consideration the 4th amendment as well. The right to abstain from unwarranted searches and seizures and the right to privacy.

    Source(s): Political Science Major; Future President of the United States
  • 1 decade ago

    The right to privacy (which someone else mentioned) is implied in the 9th amendment to the Constitution. That amendment makes it clear that citizens have rights in addition to those specified in the Bill or Rights.

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  • 1 decade ago

    The first 3 answers are right but I agree with Jeremiah.

  • 1 decade ago

    None. It was based on the Supreme Court's ruling that the Constitution has an "implied right to privacy", then they based it on that right.

  • Anonymous
    1 decade ago

    9th and 14th Amendments/Right to Privacy.

  • Anonymous
    1 decade ago

    It was an arbitrary decision. It was a poor decision.

    This is an issue that should be determined on the state level. Where I live in liberal WA, it would be legal. In more conservative states, it would not be. This issue and many others should be left to the states to decide.

    Source(s): Ford
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