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Challenges to the Constitution

  • Date Submitted: 01/28/2010 06:25 AM
  • Flesch-Kincaid Score: 57.1 
  • Words: 595
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  Abortion represents yet another challenge to the US constitution. Abortion is not supported by the due process clause of the 14th amendment. According to the Roe V. Wade in 1973 decision, Supreme Court that declared a pregnant woman is entitled to have an abortion until the end of the first trimester of pregnancy without any interference by the state. Abortion clinics allow thousands of women every year to have abortions. Having the abortion should be woman’s personal choice. By closing these clinics, there will be no providers to perform the operation, so the choice has already been made for them. Closing the clinics will increase the barriers of having an abortion. When there are too many obstacles, the right to make their own choice is taken away from them. The Constitution says we have a right to privacy, so taking away a woman’s chance to make decisions about her own body violates that right. In addition to this, abortion is not supported by the equal protection clause of the 14th amendment because Supreme Court   ruled that abortion is protected by the 14th amendment’ due process and equal protection clause, so no sate shall make or enforce and law which shall a bridge the privileges or immunities of citizens of the US; nor shall and state deprive and 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. In the other hand, abortion is not only supported by the 14th amendment, but also cruel and unusual punishment. The Eighth Amendment to the U.S. Constitution, made applicable to the states through the Fourteenth Amendment, prohibits cruel and unusual punishment. The U.S. Supreme Court has interpreted cruel and unusual punishment to include those penalties that are excessive and not graduated and proportioned to the offense and those that do not consider the defendant\'s degree of criminal culpability.  

Based on history, numerous court decisions and the...


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