Nov. 30th, 2005

strredwolf: (Hmmmmmmm)
I'm going to throw logic around here to try to get from the Bill of Rights and the Consitutional Amendments to the right to an abortion.  I'm no lawyer, so this is just a thought exercize.  Quotations are from Cornell U's Law department.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I chose this one because it could be a more direct link to the right to an abortion, but given the nature of the Consitution (it is, after all, a long contract with US Citizens) it is for any cases where the offending party is under government control.  An example would be that a citizen having an abortion under durress of the military would require a search and seizure warrant for the pre-term fetus, or if they redefine life to happen before birth (and can prove it), a warrant for arrest.  (I belive there is some precident of courts ordering a person to give up DNA, images of his/her body, etc)

However, it does have some extention -- if abortion was illegal, a lawyer could argue that the government has seized control of a woman's reproductive organs w/o a warrant (therefore illegal by this amendment). 

This amendment is closest to the right of privacy I've seen, though.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

These are the two most quoted... but also the most vague.  In essence, in order for an absolute right to privacy to exist solely on these two amendments, the court would need to rule for the right.  But add in the fourth amendment, and not only do you have the right to privacy, but the right to decide what to do over your body (even suicide). Intresting...

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