Understanding Roe v Wade


Abortion is not  legal nor is it illegal.  The Supreme Court Ruling of Roe v Wade was officially considered a moot point because Roe having fled to another state to obtain an abortion before her pregnancy  was too far along was no longer pregnant when this case came before the court. She no longer had just cause against the state of Texas but the state of Texas had filed criminal charges against the doctor who was going to perform the abortion in the first place and that is the case Supreme Court ruled on and they ruled that with out a pregnancy there could be no abortion then leaving no attempt to commit a crime.

This dismissal of the states charges did however bring to light violations of Roe’s Fourteenth Amendment right to not be deprived of life, liberty, or property, without due process of the law. That is to say that since another state ban on abortions after 8 weeks meant she couldn’t wait she was denied due process of the law that could allow her doctor to perform the abortion.  


A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.  


The ruling that the state of Texas had violated Roe’s Fourteenth Amendment rights led to the review of whether or not the Supreme Court to enforce the state to legalize abortion on the premise that any future violation of Constitutional rights would be avoided. 


When reviewing cases for legalizing abortion the Supreme Court considered many factors concerning abortion from ancient Greece and Rome’s views, ancient religion’s views and religious doctrine to present beliefs. Going all the way back to the Hippocratic Oath which states “I will give no deadly medicine to anyone if asked nor suggest any such council, and in like manner I will not give a woman a pessary to produce abortion”.  This idea was of course born of protecting the fathers rights to the child.


The case for or against abortion is based on whether or not it is murder of a fellow human being. A definition of a human being is needed which in turn requires agreement on when life begins. 


Aristotle believed that only Gods and human beings were moral and legal persons both having rational minds. He believed that upon ‘quickening’ which is defined as movement in the womb a fetus becomes sensitive to it’s surrounding, it is now a sensitive soul. He believed at 6 months a fetus develops the rational mind and is now a person. 

This is the what the Supreme Courts used as a standard for viability when they made it a law in 1973.

This view was shared by the Catholic Church until 1917 when they made the belief that life began at conception into Canon Law.

In 1765 Sir Edward Blackstone took the previous views of Aristotle and the Catholic Church and his books were looked to by our founding fathers at the birth or our nation when writing the documents that define us. 

  Jewish tradition quotes Genesis 2:17 “God breathed into his nostrils the breath of life, and man became a living being” to argue that until birth a fetus was not a person. 

For 600 years English law agreed. The 17th century jurist Sir Edward Coke took this as his case for abortion not being murder because the fetus was in the womb and therefore not a person and only a person can be murdered. 


The Judges conclude that matters of the soul and of the mind were under the jurisdiction of religion and philosophy and therefore could not be argued in their court. Stating judicial rule protecting the rights of every citizen of every state granted to them in the Constitution was for the Supreme Court. 


Thus the decision based on ruling that the state of Texas had violated the Fourteenth Amendment rights of a citizen of their state it was concluded that it was un-Constitutional for the state to ban abortion.


It was so ordered.


In other words they passed the buck. No law was written, no statute was put in place and abortion is still just sitting on the table until someone picks it up and does something with it.

Advertisements

42 responses to “Understanding Roe v Wade

  1. bookmarked!!, I really like your blog!

    Like

  2. I am not sure where you are getting your information, but great topic.
    I needs to spend some time learning much more or understanding more.

    Thanks for excellent information I was looking for this information for my mission.

    Like

  3. Thanks for your personal marvelous posting!
    I definitely enjoyed reading it, you could be a great author.I will ensure that
    I bookmark your blog and definitely will come back sometime soon. I
    want to encourage continue your great writing, have a
    nice morning!

    Like

  4. Excellent article! We will be linking to this great post on our
    website. Keep up the great writing.

    Like

  5. Thanks in support of sharing such a fastidious opinion, paragraph is
    nice, thats why i have read it completely

    Like

  6. Excellent items from you, man. I’ve be mindful your stuff prior to and you are simply extremely
    fantastic. I really like what you have acquired right here, certainly like what you’re
    saying and the way in which in which you say it. You make it enjoyable and you still
    care for to keep it smart. I can not wait to learn far more from you.

    This is actually a terrific website.

    Like

  7. I believe you have noted some very interesting points , regards for the post.

    Like

  8. Thanks for sharing your thoughts. I truly appreciate your efforts and I will be waiting for your next write ups thank
    you once again.

    Like

  9. Hi to all, since I am genuinely keen of reading this blog’s post to be updated on a regular basis. It includes good data.

    Like

  10. Im incredibly pleased to listen to this. This is certainly actually great :).

    Like

  11. There’s definately a lot to learn about this issue. I love all of the points you made.

    Like

  12. I am glade to uncover your web site, along with you I really feel that I am learning some point. Thanks

    Like

  13. I for all time emailed this blog post page to all my friends,
    as if like to read it next my friends will too.

    Like

  14. If some one needs expert view regarding running a blog afterward
    i advise him/her to visit this weblog, Keep up the good job.

    Like

  15. I got this website from my buddy who told me on the topic
    of this site and at the moment this time I am browsing this
    web page and reading very informative articles or reviews at this time.

    Like

  16. Wow, marvelous weblog layout! How long have you ever
    been blogging for? you make running a blog look easy.

    The overall look of your web site is great, as neatly as the content material!

    Like

  17. Thanks for sharing such a good idea, paragraph is nice, thats why i
    have read it entirely

    Like

  18. Heya i’m for the first time here. I found this board and I find It truly useful & it helped me out much. I hope to give something back and aid others like you aided me.

    Like

  19. Hello, i think that i saw you visited my weblog so i
    came to “return the favor”.I am trying to find things to improve my website!
    I suppose its ok to use a few of your ideas!!

    Like

  20. Way cool! Some very valid points! I appreciate you penning this post
    plus the rest of the site is also really good.

    Like

  21. May I simply just say what a comfort to uncover somebody who truly knows what they’re talking about online. You definitely know how to bring a problem to light and make it important. A lot more people ought to look at this and understand this side of your story. I was surprised you aren’t more popular given that you most
    certainly have the gift.

    Like

  22. Hi there mates, its enormous paragraph concerning tutoringand fully explained,
    keep it up all the time.

    Like

  23. Hi there! I know this is kinda off topic but I
    was wondering which blog platform are you using for this site?

    I’m getting tired of WordPress because I’ve had problems with hackers
    and I’m looking at options for another platform. I would be fantastic if you could point me in the direction of a good platform.

    Like

  24. I all the time emailed this website post page to all
    my contacts, since if like to read it then my contacts will too.

    Like

  25. This piece of writing gives clear idea designed for the new users of blogging, that truly how to do blogging and site-building.

    Like

  26. Hello everyone, it’s my first pay a quick visit at this web page, and piece of writing is genuinely fruitful in favor of me, keep up posting these types of posts.

    Like

  27. Hey there! Do you know if they make any plugins
    to help with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains.
    If you know of any please share. Thanks!

    Like

    • I have no idea and am really green when it comes to using this platform. I do know that with WordPress in the stats section it tells me what keywords people are using when they hit my blog etc. It helps some. If I ever figure it out I will let you know and you do the same! Thanks 🙂

      Like

  28. Excellent post. I used to be checking constantly this weblog and I am inspired!
    Very useful information specifically the final part 🙂 I care for such information a lot.
    I was seeking this particular info for a very lengthy time.
    Thank you and good luck.

    Like

  29. This is very interesting, You are a very skilled
    blogger. I’ve joined your feed and look forward to seeking more of your great post. Also, I have shared your website in my social networks!

    Like

  30. If some one desires expert view concerning blogging after that i advise him/her to go to see this weblog, Keep up the pleasant work.

    Like

  31. What’s up to every one, it’s in fact a nice for me to go to see
    this site, it consists of important Information.

    Like

  32. What’s Taking place i’m new to this, I stumbled upon this
    I’ve discovered It absolutely helpful and it has helped me out loads. I am hoping to give a contribution & aid other users like its aided me. Good job.

    Like

  33. Pretty nice post. I just stumbled upon your weblog and wished to say that I have really enjoyed surfing around your blog posts.

    After all I will be subscribing to your feed and I hope
    you write again soon!

    Like

  34. Hi, Neat post. There is an issue along with your site in
    internet explorer, would test this? IE still is the market leader and a huge part
    of people will pass over your wonderful writing due to this
    problem.

    Like

  35. Your style is so unique compared to other people I’ve read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I’ll just bookmark this page.

    Like

  36. Asking questions are really fastidious thing if
    you are not understanding something entirely, but this post presents nice understanding even.

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 843 other followers

Post Calendar

October 2012
M T W T F S S
« Sep   Nov »
1234567
891011121314
15161718192021
22232425262728
293031  
%d bloggers like this: