Partial-Birth Abortion Case Study

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

This controversial case ruled that a woman’s ability to be able to chose to get an abortion is considered a protected liberty. It also concluded that this

"The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the 'particularly careful scrutiny' that the Fourteenth Amendment here requires. The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential

However, everything that was ruled by Supreme Court in the Roe v. Wade case was contradicted, In1992, the Supreme court case “...Planned Parenthood V. Casey that said an abortion regulation was unconstitutional if it had 'the purpose or effect of placing a substantial obstacle in the path of woman seeking an abortion of a nonviable fetus.'” (Levy). This court ruled that the states had the right to restrict a woman's right to an abortion and prohibit public funding for the poor women that can not afford an abortion.

While the fight to legalize abortion, for reasons other than a mothers health concerns, was won, states such as Texas are now reconsidering the regulations, which go along with such right. In 2004 the State of Texas introduced the Woman’s Right to Know Act, which “requires that all abortions at or after 16 weeks’ gestation be performed in an ambulatory surgical center (ASC)” (Colman, S., & Joyce, T. (2010), p. 775). Roe V Wade’s Supreme Court decision makes it federal law that abortion be legal, therefore the state of Texas cannot make a law specifically prohibiting abortions around this time. However, they can implement acts such as the one discussed above to hinder a women’s access to such rights. By implementing the Woman’s Right to Know Act, the state of Texas is allowing abortion, however it makes access to it within the state of Texas out of reach for the majority of women. In the time following the effect of this law “not one of Texas’s 54 nonhospital abortion providers met the requirements of a surgical center” (Colman, S., & Joyce, T. (2010), p. 775. Following that, a

The tenth Amendment “The power not delegated to the united states by the constitution, nor prohibited by it to the state, are reserved to the states respectively, or to the people”(10, Bill of rights). This Amendment was included in Bill of Rights to express the balance power between the federal government and state government. The amendment says that the federal government has only those powers given by the Constitution. “Those powers are to declare war, to collect taxes, to formulate business activities between states and many more which are listed in the articles. According to the Amendment the power which are not listed in the article, belongs to the states or the people.

The concept of a strong central government is unreasonable as a result of the corruption of men. An all-powerful congress has say over good and evil, and as a result the potential to do evil. So, unlisted powers should be acted upon by the tenth amendment and be given to the states, rather than furthering the idea of an unlimited government. By allowing implied powers to be taken into account, a gray area is created between the powers of the states and the powers of the federal government, seeing certain assumed powers are taken from the states, despite not being listed in the

The history of the United States has long been peppered by the conflict regarding the distribution of power between states and the federal government. The Tenth Amendment of the U.S. Constitution governs the relationship and authority of the state and federal governments through the concept of mutually exclusive and concurrent power. This is apparent in its explication, stating that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Legal Information Institute). However, though this amendment serves as the apparent definition for state-federal relations, the power of government is a highly controversial source of discourse between

Partial birth abortion is a controversial method of abortion late in a woman’s pregnancy in which the baby is aborted by a craniotomy. Two organizations are commonly affiliated with abortion: Pro-choice supports abortion saying that what is in a woman’s body is her “property”, while Pro-life believes it is murder of innocent babies. Partial birth abortion is murder of innocent children and an abomination to basic human rights and values.

There were, of course, two sides to this case; the side for the clinic regulations and the side against them. ● The first argued that these regulations were “medically unsound” and created an “undue burden” on a woman and her right to have an abortion (“Supreme Court Strikes Down Abortion Restrictions in Texas,” 2016). ● The opposing side argued that clinics should do everything in their power to keep these women safe and that following and enforcing these regulations was the only way to ensure that this happened (“Whole Woman's Health v. Hellerstedt,” 2016). ● There were three main regulations listed under HB2. ● These regulations were that “all doctors who perform abortions have admitting privileges at a hospital within 30 miles of where

The U.S. government is organized at the federal and state level, where the federal government is the overall government concerned with running the affairs of the entire country. To bring governance closer to the people, the U.S. is divided into 50 states with each having its individual government. The state governments control most of the daily dealings of the citizens; they are mandated by the Tenth Amendment of the U.S. to execute “all powers not specifically granted to the federal government” ("The Constitution of the United States”). Since the state governments are modeled from the federal governments, they bear numerous similarities, though each state government is unique

Incomplete Abortion 1. Definition • Some, but not all, products of conception exit the body. 2. Causes • Problems in the chromosome of the fetus • Alcohol and drug abuse • Environmental toxins • Hormonal problems • Infection • Being overweight or obese • The mother has physical problems with reproductive organs