PLA3013b FinalPaper - The Fifth Amendment of the U.S...

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The Fifth Amendment of the U.S. Constitution, which applies to the states, says that, “No person shall be… deprived of life, liberty, or property, without due process of the law.” This Due Process Clause governs what federal laws attempt to either allow or prohibit. In this issue, the Pro side’s main argument claims that the federal and state prohibitions on cloning are a violation of their constitutional right to free reproductive privacy under the due process clause. In order to determine whether the prohibition on cloning is unconstitutional, it must be clarified whether a ‘fundamental right’ has been infringed by the government. The Pro side argues that under the Fifth and Fourteenth amendment, which applies to the states, the right to clone qualifies as a ‘fundamental interest.’ If a fundamental right has been infringed, a strict scrutiny standard of review is used by the court. In order to pass strict scrutiny review, the law must be narrowly tailored to a compelling government interest. The Pro side argues that precedent cases demonstrate a history of growing constitutional rights to reproductive privacy, and that the right to clone goes along with the right to use contraceptives and the right to have an abortion. Even if the right to clone doesn’t quality as a fundamental interest, the Pro side argues that the prohibition is still unconstitutional because the government cannot show a ‘rational basis’ for restriction. ‘Rational basis’ is another, lower-level standard of review used to determine whether the ban on cloning is unconstitutional. ‘Rational- basis’ review is used by court when the government restriction has infringed a liberty in a way that does not violate a fundamental right. A legitimate government interest is enough to pass ‘rational-basis’ scrutiny, and the Pro side argues that the government has no legitimate reasoning for interfering with such personal decisions as reproductive privacy.
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The Con side of this issue makes several main arguments in response. First, the
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This note was uploaded on 04/17/2008 for the course PLA 4020 taught by Professor Iforget during the Fall '07 term at University of Central Florida.

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PLA3013b FinalPaper - The Fifth Amendment of the U.S...

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