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Fourteenth amendment essay
The importance of the fourteenth amendment
The importance of the fourteenth amendment
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The ninth and tenth amendments could be exactly what a women is looking for when choosing to have an abortion. While the ninth amendment states “there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated.” The fourth amendment states the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. A woman not having the right to have an abortion would be like saying she doesn’t have the right to do what she wants with her body (violation of the 9th amendment) or in other words, her property.
The court case of Roe v. Wade is a great example as to why abortion should be legal. In Texas the law was that women could not have an abortion unless the mother’s life was at risk, Norma L. McCorvey also known as “Jane Roe” argued otherwise. In court against Henry Wade McCorvey stated “While her life was not endangered she could not afford to travel out of state and had a right to terminate her pregnancy in a safe medical
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I decided to created a survey that was shared on social media to get people's thoughts about abortion. Asking a few questions such as if they thought abortion should be a woman's right, if they thought it should be legal or illegal, if they knew anybody that has had an abortion, if they were pro-choice how far along they thought a woman should be before she can no longer terminate, and then a couple questions about birth control. Out of 79 people that took my survey 52 of them believe that abortion should be a woman's right, but only 44 of them thought abortion should be legal. Now, birth control was created to prevent a women from getting pregnant, but some people think of it as a type of abortion. Out of the 79 people that took my survey only 2 people said it is a type of
The laws surrounding Abortion, particularly the efforts to ban abortion and overturn Roe Vs. Wade are one of the most significant social problems we are facing in 2017. Roe v. wade is a landmark decision that was made by the United States Supreme Court on the issue of abortion back in 1973. Abortion has been a prevalent social problem throughout history and continues to be very much a part of the social and political debate today. In fact, abortion has been one of the biggest controversies of all time. Both sides of the argument, pro-choice and pro-life, have many valid points to back their opinion and that is partly why this continues to be such a big debate. The other part is that it is very much a political issue. I stand firmly on the
I want to tell you a story about Roe v Wade to demonstrate the legality of abortion in the United States. This year marks the 30th anniversary after the controversial ruling of the Roe v Wade case in the Supreme Court of the United States of America. The 7-2 decision invoked the Fourteenth Amendment to the United States Constitution in the process of legalizing abortion (Greenhouse and Siegel 257). The matter became a state issue due to the widespread belief that the judges focused more on the rights of the doctors rather than the mothers. However, the judges maintained that they had to balance between protecting the mother and preserving maternal health. Abortion remains a controversial issue in the United States despite the
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
Supreme Court decided to legalize abortion throughout the country. Before that day abortion was illegal in almost all states. Woman then had a constitutional right to get an abortion no matter the reason anytime during the pregnancy. The Women’s Rights movement was designed to make sure women were entitled to an opinion and was treated equally in society but how are women treated equally if they can’t have a choice to remove something out of their life that is unwanted? Equality means that everybody is entitled to a right without discrimination no matter what it is. Many women become pregnant and the baby is unwanted. Majority don’t have the money to survive while raising a child and many can’t provide the love needed to raise a child. A lot of these children often grow up in poor environments which decreases their chances of better possibility to have a brighter future socially and economically. This is why I believe abortion should continue to be legal. Minimum suffering for many children and minimum suffering for many
Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.
Abortion may be one of the most controversial topics in America today. Abortion is defined as “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus” (cite dictionary). There are really only two sides on people’s opinion on abortion; pro-life which means abortion should be outlawed and pro-choice which means a woman should be able to decide whether she wants to keep her baby. Thousands of protests and riots have begun due to the fact pro-life activists believe abortion should become illegal. Both sides bring valid points to support their decision that could sway any person’s thoughts. The Roe v. Wade law has allowed abortion to be legal in the U.S since 1973 (Chittom & Newton, 2015). The law “gives women total control over first trimester abortions and grants state legislative control over second and third trimester abortions” (Chittom & Newton, 2015). Ever since the law was put in place, millions of people have tried to overturn it and still
The Roe vs. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy. It invalidated all state laws limiting women's access to abortions during the first trimester of pregnancy based on the Ninth Amendment to the United States Constitution, a part of the Bill of Rights. The Court's decision in this case was that the Ninth Amendment, "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," protected a person's right to privacy.
My choice!”. Women want to feel in control of their own body, and if that right was snatched from their hands, this case could possibly be argued again. Luckily, Norma McCorvey won against the state of Texas in 1973. Tons of women around the world today still stand with what they believe is right, and that is the choice to abort. Roe v. Wade made a huge impact to women around the the country, by legalizing safe and reliable abortions. Many women before became ill and some died from unsafe abortions. One could only choose abortion if their baby were to harm them during the pregnancy or birth, it’s different now, women have a choice of abortion or
The US Supreme Court has declared abortion to be a "fundamental right" guaranteed by the US Constitution. No woman should be required to give up her life or health or family security to save the life of a fetus that is threatening her well-being. Access to safe and legal abortion is an important aspect of women’s health care. Abortion is one of the safest medical procedures performed in the United States. The risk associated with childbirth is approximately fourteen times higher than abortion. Over 90% of abortions in the United States are performed in outpatient settings and almost all complications that arise after an abortion can be, and are, treated on an outpatient basis. Hospitalization due to an abortion is rare. There is a less than 0.3% risk of major complications following an abortion that might need hospital care and a recent study found that the risk of major complications from first trimester abortions by the aspiration method is even less—0.05%." We the affirmative hold that the current law on abortion is civil, humane, and inscrutable legal. It is our belief that if a woman does not find it appropriate to have child then she should not have to bear that burden. Those who disagree advocate striping women of their human right of happiness when saying they should not be able to decide for themselves whether they want a child or not. The process of which abortion takes place is very much so humane contrary to our opponents
Women should have the right to decide whether or not they would like to have an abortion. The Merriam-Webster dictionary defines abortion as; “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus.” The idea of a woman’s right to have an abortion being taken away is merely incomprehensible.