In government class we had discussed the many different ways to become active in government. The pathways of action, and especially the court pathway, are one of the many ways that citizens can participate in government. The court pathway has been used to shape government. In the courtroom they use the Constitution to back up their argument. In this instance using the Constitution is the most powerful tool because it is one of the founding principles of our nation.
The use of the Constitution was extremely evident in the Roe vs. Wade Case in 1973. The Roe vs. Wade case was very instrumental in changing the law nationwide. They had used the court pathway to shape the nation by “establishing a right of personal privacy protected by the due process clause that included the right of a woman to determine whether or not to bear a child” (Justia Law)
. They had won the case 7-2 because under the Constitution in Amendment Fourteen, women obtain the right to equal protection, and liberty. The lawyers in the Roe vs. Wade case had skillfully used the Constitution as a tool to reinforce that all people have the right to privacy, and that women have the right to decide if they want to have an abortion.
However, the Constitution did not anticipate abortion so there are places in the Constitution where it is not clear. Pro-life activists used this to their advantage. The pro-life activists had used every pathway to pass new laws and place restrictions upon abortion. In the Constitution it states that “All persons born or naturalized in the United States…” (Choices, The Constitution). The Constitution does not clarify and say that all persons born and unborn should not be deprived of life. But the Constitution does not indicate whether the person can be unborn. There are some “gray” areas in the Constitution but it is ultimately up to the judges of the case to determine what is being said and how to apply that knowledge to modern day living.
The pro-choice advocates led with the issue that women could have health risks if abortion was banned due to the violent uprisings of the pro-life advocates. Some pro-life activists burned down abortion clinics, and attacked the doctors performing these operations. These serious actions proved that it is a controversial issue. Some women do need these clinics, and if the women did not have the option they would turn to people that were not specifically trained to do so, and could potentially suffer severe problems or face death.
Under the Constitution, I believe that every woman should have the option to have an abortion. Despite the many protestors against pro-choice, it is ultimately up to the woman. The fourteenth amendment clearly states that women have the right to choose whether she wants to terminate her pregnancy. She has the right to her privacy if she doesn’t want to share her personal information to the public. The government cannot dictate that only have an abortion if the woman has health issues, or her decision on if she wants to proceed with the operation.
Abby