What Right To Privacy – Coursework Example
What Right to Privacy? The Constitution of America plays a significant role in legalizing abortion. This is evidenced by it specifying that citizens have “the right to be secure in their persons.” In doing so, the Fourth Amendment protects the Americans from unreasonable searches as well as invasion of one’s privacy. Some case laws also support abortion; a good example of such a case is Roe v. Wade’s case. In Roe v. Wade, 557 the Court granted a right of personal privacy under protection of due process clause that involves the right of a woman to decide whether to bear or not bear a child. In doing so, the Court advanced the judicial oversight of legislation on privacy cases, expounding on features of laws related to abortion in all the States (“Justia US Law”). To come to this conclusion, the Court first carried out a historical review of both medical and legal views concerning abortion, finding out that the recent prohibition lacked historical support which might be the reason as to why they are not outlined clearly in the constitution. Then, the Court expounded on how the word “person” used in the process clause and other requirements of the constitution did not recognize the unborn. Therefore, the unborn have no federal constitution protection. Finally, the Court concluded by asserting that “the Fourteenth Amendment’s concept of personal liberty . . . . .includes a right of personal privacy.” From this case, one can deduce that a woman has a right to make a decision about her own body (privacy) whereas fetus does not have any right. Therefore, the fetus can only exercise its right only after it has grown.
Abortion. Justia US Law. Retrieved from http://law.justia.com/constitution/us/amendment- 14/31-abortion.html