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The rise and development of feminism
The development of feminism
The rise and development of feminism
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There are numerous amounts of lives protected and saved each day, but the topic of birth control has and still remains an arguable topic. The United States Supreme Court (SCOTUS) has dealt with several cases dealing with the topic of birth control. In particular, one SCOTUS case, Griswold v. Connecticut of 1964, repealed an outdated, anti-birth control law while recognizing the basic constitutional right to privacy. The Griswold v Connecticut case brought major changes to women and American society. In 1879, the state of Connecticut passed a law that denied the use or sale of birth control; also, under the anti-birth control law, anybody who assists or encourages the use or sale of birth control was to be arrested or fined. SCOTUS has
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
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.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
Abortion, is a safe and legal way to terminate a pregnancy. According to the Guttmatcher Institute (2015), abortions are common, and approximately three in ten American women have an abortion by the time they reach the age of 45. Additionally, a broad array of women in the United States have abortions. Yet, abortion is a controversial issue and has been for decades. It is a topic that many people hold strong feelings for or against. The conversations surrounding the topic of abortion has resulted in protests, dangerous, unfair policies, and violence. The abortion debate heightened in 1973, when the U.S. Supreme court overturned state laws that banned or restricted women’s rights to obtain an abortion during the
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).
It was unethical and caused many medical problems. One of the first states to prohibit the practice of abortion was Connecticut in 1821. They wanted many places who performed these practices to restrict using toxic material to cause abortions. After this law passed, many states followed in suit. The next ruling to pass was the Comstock law in 1873. This law banned materials that were relative to abortion and contraception from being passed out to women. During the Great Depression in the 1930s, the rate of illegal abortions have increased. Many women did not want to have the burden of having a child during economic stress within the country. Due to many doctors practicing dangerous abortions, the number of death tolls were high. By the 1940s, the death toll had declined. During the 1950s, hospitals within the country started to decide if doctors should perform abortion by using therapeutic abortion boards, allowed by law only if the mother’s life was in any danger. Mortality rates decreased during this time, due to the introduction of antibiotics in the
Birth control pills gave women the right to be in charge of their own conception or lack thereof.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
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.
The first form of birth control came in the form a pill and was approved by the FDA in 1960(qtd in Gladwell ) The pill was said to be the safest form of birth control because it was safe and said to be a natural form of birth control. John Rock was a well know man around the community. Loretta McLaughlin writes, "It was his name and his reputation that gave ultimate validity to the claims that the pill would protect women against unwanted pregnancy.”(qdt in Gladwell) Even back then, with all the research that they set out to do the pill was still know to cause cancer in young women, not only cancer but the miscarrying of children shortly after taking the pill.
Although birth control has been practiced since ancient times, the first organized efforts developed during the 19th century as population increased dramatically because of improved medical care, nutrition, and sanitation. However, birth control met with resistance. In 1873 the United States Congress enacted the Comstock Law, which prohibited the distribution of birth-control devices and information.
The Morality of Birth control originally surfaced as a pamphlet in 1918, which questioned the morality of denying knowledge surrounding a drug which could prevent pregnancy women. In 1913 Margaret Sanger worked as a nurse in a New York. There Sanger watched one woman fall ill from a household abortion. The doctor told this women to avoid pregnancy she should “have her husband sleep on the roof” (Richmond Edu, Par. 7). A few months later Sanger found the same women dead after a second self-inflicted abortion. This horrendous event pushed Sanger to advocate a right she believed all woman should have.
In 1960, The Federal Drug Administration approves the birth control pill, which was supported by women activist Margaret Sanger. Sanger also opened the first birth control clinic in the United States. California became the first state to legalize abortion in 1967, which motivated women activist to petition towards legalizing abortion throughout all states. In 1973, Roe v. Wade legalized abortion in the United States, which held women liable to choose abortion without legal restriction. However, not all states incorporated Roe v. Wade and states that did were limited by other laws. Such as, in the first trimester terminating a pregnancy could only be due to a medical decision, or in the second trimester terminating a pregnancy could only be proceeded if it was protecting the health of the