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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: Elroy who wrote (269009)	1/19/2006 1:40:44 AM
From: tejek	Respond to of 1575189

The judicial logic and constitutionality behind Roe vs Wade is very clear. You're crazy - the judicial logic and constitutionality behind Roe vs. Wade is one of the least clear of all well knows SC cases. 1. The "right to privacy" itself is nowhere mentioned in the Constitution. Free speech, bear arms, voting all have specific amendments which clarify said rights. Their is no specific right to privacy. That's right its not mentioned but it is clearly inferred in several amendments; that is the 3rd........."no soldier shall be quartered in a house without the consent of the owner"; in the 4th........"the right of the people to be secure in their houses against unreasonable searches and seizures"; and the 5th....the right to not incriminate oneself. Right to privacy is also protected by virture of the 9th amendment. Its these rights and their inference to the right to privacy that distinguishes a democracy from a totalitarian gov't. Its too bad people don't realize how significant this inferred right is..........in these times when people are so willing to give up their rights, I am afraid this one will be lost as well. 2. The question of when decision regarding the fetus's survival transfers from the mother to the state was set at approximately when the fetus could survive on its own outside the womb (~6 months). With medical advances since Roe this 6 month period keeps getting shorter and shorter, so shouldn't the 6 month period get less and less (it hasn't). This is the key constitutional question in abortion - when does a conception become a "person", with the right to life, liberty and the pursuit of happiness? That's a huge question, and I don't think the answer appears anywher in the constitution - do you?? Why is that a surprise? The Constitutions is a set of principles and precepts.......but its foolish to expect that it could be so comprehensive that every development was anticipated. In fact, there are many things in 21st century life that are inexplicable according to the Constitution but that does not mean the basic concepts of the Constitution can not be applied to these situations. If its rejected now, it would make the USSC a court of ideology rather than one of judicial justice. I have no idea what you mean. Please write in clear simple sentences. A judge who is unbiased and uses legal context as his/her guide will understand and endorse the right to privacy as it applies to a woman's body and abortion. Its only through ideology can a judge justify coming up with another conclusion. And let me clarify...........right to privacy gives women only the right to do what they want with their bodies. The morality of abortion.....or whether its a sin is a whole other matter. Unfortunately, those two issues get intertwined when abortion is discussed.