March 24, 2013
Partial Birth Abortion and Federalism
With the Supreme Court decision on the right of a woman to abortion in 1973, controversy still looms heavy in the opinions of the people of America. The State of Texas was the subject of challenge by a single pregnant woman (Roe) on the constitutionality of the abortion laws. This famous Supreme Court Case Roe v. Wade was concluded that the fourteenth amendment was broken by the state of Texas. Roe won her case and federalism is displayed. Federalism has been displayed throughout history and there have been good reasons for the federal government to get involved in the decisions of the states, however, there have also been times when the federal intervention has been negative. We as a nation must be clear on what is and is not acceptable and how far is too far? I will be discussing the Roe v. Wade Supreme Court decision and how this decision has created concern today with partial birth abortions that take place in the United States. I will discuss federalism, what it means, and when it is too much or not enough. I will also be discussing parts of the constitution and where they are used in the Roe v. Wade Supreme Court Case, and how they can be used for the unborn children that are being murdered because they technically have not yet taken a breath. Let me begin with federalism. Federalism was created during the writing of the Constitution. This new word basically means the dividing of sovereignty between the nation and the states. Prior to the Constitution and federalism the power over the people was limited to the state in which they lived. The national government could not tax people and relied on money from the state which some did not pay for years. There was no way to make the state pay. The national government needed money to build a military to defend the people of America from outside enemies. While the Constitution was being written the famous Federalist Papers were also being written which argued that the federalist system would not only moderate the power of government, but protect liberty as well. The reason for the writing of the famous papers was because the Anti-Federalist people believed that the government would take over and the states would virtually hold no power. The main argument for federalism was that the Articles needed to be corrected. The national government could not tax or regulate commerce and this was bad for the economics. Trade wars did no one any good. Federalism was created in 1787 and over the eras that followed federalism has changed with the needs of the nation. With each change more power was given to the national government. In the 1930’s contemporary federalism is adopted with the new social issues and social programs being implemented into the states by the national government. Housing, social- welfare, and medical for the poor are the national programs that are adopted when contemporary federalism comes into play. Over the years America has become a nation of two political parties, Democratic, and Republican. President Reagan believed that limiting the size of national government assured our political liberties. The shift in federalism was due to the public support in the levels of government. There has been conflict between the states and the national government since the beginning of federalism. The Supreme Court has heard many cases when the conflicts need to be addressed. Next I would like to discuss one specific case of federalism in the Roe v. Wade Supreme Court case. A single pregnant woman in Texas challenged the state of Texas on the constitutionality of the abortion laws that Texas had. The law was that abortion was a criminal act unless the life of the mother was at risk. Roe challenged this law and the Supreme Court decided that the state law in Texas violated the ninth and...
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