tilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your Final Research Paper. The paper must include five main sections:
The paper must be 10 to 12 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center.
The Final Research Paper:
DISCUSSION 1:
In your initial post of at least 250 words, utilize the Constitution, established case law, and scholarly sources to answer the following questions:
Do not rely upon personal opinion to make your argument. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
Responces:
Adrian:
•How does the right to privacy protect a women’s right to have an abortion or not?
The right to privacy is controversial both because it is not explicitly enumerated in the Constitution and because it is used as a vessel through which to grant rights that can be controversial among some Americans, such as the right to contraceptives or the right to receive an abortion (Ivers, 2013). Three good examples of why women’s privacy right to have an abortion is valid is 1. When the health, not just the life, of the mother was severely threatened; (2) when there was a substantial chance that the fetus would be born with severe birth defects; or (3) when the pregnancy was the result of rape or incest (Ivers, 2013).
•Is this a constitutionally valid interpretation of the right to privacy? Why or why not?
I do no not think this is a valid interpretation of the right to privacy because a woman’s right to terminate her baby or not should not be up for debate if it was truly her right to keep the baby or not. On January 22, 1973, the Court, 7–2, ruled that the right to privacy found in the Due Process Clause of the Fourteenth Amendment was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973, p. 153). People are not giving the mother the right to privacy because they are saying that the baby has been conceived and should have rights to live just like any other human. Writing for the Court, Justice Blackmun rejected the state’s argument that the fetus was a person entitled to rights under the Fourteenth Amendment. Rather, it was the woman’s right to reproductive choice that was “fundamental (Ivers, 2013).
References:
Roe v. Wade, 410 U.S. 113 (1973).
Ivers, G. (2013). Constitutional law: An introduction. San Diego, California: Bridgepoint Education
Edwin:
The right to privacy prevents the government from intruding into the lives of the people, easily summarized by Thomas M. Cooler as the right to be left alone (Ivers, 2013. 10.1). Left alone to make decisions without the intrusion of the state or federal government in matters that serve the individual best.
How does the right to privacy protect a women’s right to have an abortion or not?
The right to make a decision, fail on your own, or look out for your best interests does not require the scrutiny of the government. Justice Brennan writing for the court in Eisenstadt v. Baird (1972) laid the foundation for the right to privacy protecting women’s right to have an abortion by stating;
“[I]f the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child,” (Ivers. 2013. 10.2).
In Roe v. Wade (1973) Justice Harry Blackmun held the right to privacy was vague enough to cover the right of a woman to an abortion, but did not sufficiently cover the constitutionality of the question. Women were given the choice to continue the pregnancy or not with the trimester framework, that allowed the women to terminate any pregnancy within the first trimester.
Is this a constitutionally valid interpretation of the right to privacy? Why or why not?
This is a valid interpretation of the right to privacy because of the women know their individual situation better than the state, and will act for their best interest or the interest of their current family. The Trimester Framework tried to identify the beginning of life, so as to say that the woman was not taking a life and the state did not have to intervene in order to preserve life.