Partial Birth Abortion and Federalism Essay

2196 WordsDec 2, 20139 Pages
Cynthia Hill March 24, 2013 Political Science Hames Partial Birth Abortion and Federalism With the Supreme Court decision on the right of a woman to abortion in 1973, controversy still looms heavy in the opinions of the people of America. The State of Texas was the subject of challenge by a single pregnant woman (Roe) on the constitutionality of the abortion laws. This famous Supreme Court Case Roe v. Wade was concluded that the fourteenth amendment was broken by the state of Texas. Roe won her case and federalism is displayed. Federalism has been displayed throughout history and there have been good reasons for the federal government to get involved in…show more content…
The fourteenth amendment was adopted into the Constitution on July 9th, 1868 as part of the Reconstruction Amendments. Specifically the Due Process Clause “which prohibits state and local governments from depriving persons of life liberty or property without certain steps being taken to ensure fairness.” This case was decided in 1973 and was a big deal for the women in America. Women now had the right to choose whether they had a baby or not. It is after all their body and life. Prior to abortion being accepted there had been many illegal places to have an abortion which were unsanitary and performed by people who were not physicians. This was dangerous for women. Now a real doctor could perform the procedure and this was a long needed option for the women in America. Federalism took over and the states had to follow the decision of the Supreme Court ruling. There is a problem with the new right to a woman having an abortion and this problem is when an abortion should not be an option because the fetus is a baby and a life. Everything is developed and the third trimester is too late to perform an abortion. Or is it? The controversy today is over what is called partial birth abortions. A partial birth abortion happens in the third trimester of pregnancy when the fetus is close to full development. The fetus is a baby with eyes and hands, and

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