Roe v. Wade, America’s Most Unconstitutional Law
The court case of Jane Roe vs. Henry Wade could be considered as the most unconstitutional case ever reaching the supreme court. Jane Roe, whose real name was Norma McCorvey, wanted an abortion. She claimed to have been attacked by a gang in Georgia, and she wanted to not be responsible to have the child from the attack. Years after the court case she appeared on the channel ABC for an interview. When asked if this is actually how she got pregnant, she admitted that the information for the pregnancy of “Jane Roe” was not accurate. This proves that the law allowing millions of children to die each year was brought about by lies. The estimated number for the number of children that die each day in the United States due to abortion is 3,000. That means that about1,095,000 children die each year in the United States alone. (How)
On January 22,1973, 7 out of the 9 Supreme Court justices agreed with Justice Blackmun’s decision to side with Roe. The two justices that disagreed were Justice Rehnquist and Justice White.To prove that Roe v. Wade was constitutional the first section of the Fourteenth Amendment was used. (Carroll)
Section 1. of the Fourteenth Amendment states:
“All persons born or naturalized in the United States,and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;nor shall any state deprive any 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.” (LII)
Roe v. Wade has three major flaws.It is unjust, unconstitutional, and undemocratic. It is unjust because it is the outright killing of an innocent human being. Abortion stops the heart beat of an unborn child, and the child cannot do anything about it. A University of St. Thomas law professor, Michael Stokes Paulsen said this about the court decision, “The right created by the Supreme Court in Roe, is a constitutional right of some human beings to kill other human beings.” The abortion rate in America peaked at 1.6million abortions per year in 1990. The rate has slowly decreased since then but it is still unacceptable that abortion is even legal. (Stark)
It’s also unjust because it denies the baby the title “human”. It makes it seems as though the baby is just another limb of the mother. People who are for abortion often use that argument. Another common argument is that the fetus is a parasite. The definition of a parasite is, “an organism living in, with, or on another organism in parasitism.” (Parasite) If you interpret it to mean that an unborn child living in the womb of his mother is a parasite, then you could easily interpret it as a child. A child cannot do anything for itself for years until it is old enough to get a job and provide for itself. Each unborn child has a different DNA than its mother. If something has a different DNA then you,you have absolutely no right to murder it.
Roe v.Wade is unconstitutional because it violates the Fourteenth Amendment, which abortion advocates claim prove it is. In the Fourteenth Amendment it guarantees the right to life. If you have an abortion, you are depriving the child from that right. One of the two justices that did not want the Roe v. Wade, Justice Rehnquist, said, “the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter.”(Stark)
Thomas Jefferson, one of the founding fathers of our country said, “The care of human life and happiness, and not their destruction, is the first and only object of a good government.” Now the government recommends the taking away of life from an innocent human being. In certain cases, where the mother seems as though she will not survive, doctors recommend an abortion. Many times, they say that there has to be one or else the mother will die. When mothers refuse abortions in these circumstances, often the children are born healthy or with minor flaws. No matter what their flaws are, human life is too precious to
Roe v.Wade and its companion case, Doe vs. Bolton, are undemocratic because they both made all the previous democratically decided abortion laws in every state in accurate and illegal to follow. After the case every state had to follow the nation wide policy. This give the states limited rights and the federal government much more. The other justice against Roe, Justice Byron White, said this: “The Constitution itself is ordained and established by the people of the United States. Decisions that find in the Constitution principles or values that cannot fairly be read into that document usurp the people’s authority, for such decisions represent choices that the people have never made, and that they cannot disavow through corrective legislation.”(Stark)
With all of the problems Roe v. Wade, its eventual collapse is evident. Nothing with so many flaws could possibly last permanently. Murder is never okay, whether it be to an unborn child, a newborn, or a toddler. Saint John the Baptist and Our Lady of Guadalupe, pray for us.
“15 Of the Greatest Pro-Life Quotes of All Time.” LifeNews.com, 2 Jan. 2017,www.lifenews.com/2013/09/03/15-of-the-greatest-pro-life-quotes-of-all-time/.
Carroll, Anne W. “Roe v. Wade.” Christ in the Americas, TAN Books, 1997, pp. 417–420.
“How Many Daily Abortions in the U.S.?” Love Will End Abortion,love willendabortion.com/how-many-daily-abortions-in-the-u-s/.
LII Staff.“14th Amendment.” LII / Legal Information Institute, Legal Information Institute, 17 May 2018, www.law.cornell.edu/constitution/amendmentxiv.
“Parasite.” Merriam-Webster, Merriam-Webster, www.merriam-webster.com/dictionary/parasite.
Stark, Paul. “The Three Fundamental Problems with Roe v. Wade.” Minnesota Citizens Concerned for Life | Pro-Life News and Information, Minnesota Citizens Concerned for Life | Pro-Life News and Information, 26 Jan. 2018, www.mccl.org/single-post/2017/01/20/The-three-fundamental-problems-with-Roe-v-Wade#.