Abortion and the Privacy Amendment Essay - 795 Words

Abortion and the Privacy Amendment nbsp; A U.S. citizens right to privacy was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as the right to be let alone. Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Courts Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment. With the plethora of privacy issues that confront courts and policymakers in the current information†¦show more content†¦. . marital bedrooms for telltale signs of the use of contraceptives. nbsp; A Rutgers professor summarized the problems deriving from the right to privacy when he wrote, If human rights - such as the right to be let alone - are to enjoy the force of law, it seems desirable for the right to be spelled out carefully. The right to privacy is entirely a judicial interpretation and creation, meaning that it has little permanence or substance. Only a constitutional amendment can insure that ones privacy is an undisputed, inalienable right. nbsp; So, why isnt this amendment before Congress? The first reason is that many policymakers believe that the right to privacy is too hard to define, and therefore cannot be worded into an amendment. However, the current vulnerability of a Fourteenth Amendment-based right to privacy justifies an amendment which states simply that every American citizen possesses the basic right to personal privacy. If the amendment were a simple declaration of the rights existence, then the definition of privacy, like freedom of speech, would be left to the interpretation of the Court. This new amendment would negate Justice Rehnquists strong position that the Fourteenth Amendment, an Amendment passed during Reconstruction to give citizenship toShow MoreRelatedSupreme Court and Womens Rights Essay1471 Words   |  6 Pagesissue, birth control pills are still not popular, and abortions are frowned upon in society. The case Roe v. Wade is about a woman with the fake name of Jane Roe who wanted an abortion but the state of Texas would not let her unless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasonsRead MoreRoe V. Wade Case972 Words   |  4 Pagesweight of raising another kid, but in Texas at the time abortions were not allowed unless it was used to save the pregnant mothers life. They felt as if you were taking the life of an innocent child that isn’t going to have that chance at life. January 22, 1973 the U.S. Supreme Court ruling 7-2 under t fourteenth amendment was that it is a constitutional right to privacy, and is a woman’s right to make the decision if she wants an abortion or not. By the time the courts came to a decision Roe hadRead MoreThe Abortion Case Roe vs Wade Essay1332 Words   |  6 PagesThe Abortion Case: Roe vs. Wade Abstract Roe vs. Wade is one of the most controversial cases in U.S. history. 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