Abortion A Federal Issue

Abortion A Federal Issue - Adrian Gil & Bruce Alvarez...

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Block 2 Abortion: A Federal Issue The Federal Government has the right to regulate abortion in all of the fifty states. Although abortion has existed for hundreds of years it was not contested until the early 1800’s when discoveries were made that said life began at conception and not when the mother “felt life”. In 1860 eighty-five percent of the states in the United States made abortions a felony. Then in 1967 Colorado and California were the first states to allow abortion in case of threat to the mothers life, incest, or cases or rape and in 1970 twelve other states allowed abortion in certain circumstances. Thanks to the highly conservative leaders in charge abortion remained illegal because it was deemed a moral issue. Religious and Conservative groups have argued that abortion is murder including oldest anti-abortion group the Virginia Society for Human Life which was formed in 1967. During this time the Federal Government did not contest the power to regulate abortion with the states. All of the states had different laws regarding abortion and the circumstances needed to receive an abortion depending on whether the states leaders were conservative or liberal. The Supreme Court’s landmark decision on 1973 in Roe v Wade changed everything. This decision immediately made any laws null within states that said abortion was illegal. This landmark decision made it clear that the 14th amendment protected a women’s right to privacy with her doctor and that it is her right to receive an abortion. Even though pro-life proponents lost the battle in Roe v Wade they still continue to pass laws that limit, restrict, and even challenge abortions. In a later court case in 1992, Casey v Planned Parenthood, Pennsylvania tried to set restrictions and limitation on abortions by requiring anyone who wanted to get abortion to obtain informed consent, wait twenty-four hours, and, if minor, obtain parental consent. Unfortunately for the Pro-Life groups the Supreme Court upheld Roe v Wade and the limitation which placed an undue burden on the women was deemed unconstitutional. Many
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Block 2 people still wonder whether abortion is Federal or State issue, but it is clearly a Federal issue because the commerce clause allows the Federal Government to regulate purely local activities that have substantial effect on interstate commerce, the 14th amendment establishes that abortion is a women’s right and therefore must be protected by the Federal Government, and the constitution establishes that privacy is a right that is to be protected and abortion is a private matter so it is protected by the constitution thus making it a federal issue. The Federal Government has the right to regulate abortion in all fifty states thanks to the
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Abortion A Federal Issue - Adrian Gil & Bruce Alvarez...

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