Re: Abortion & the US Constitution
I don't think it does either and yes a constitutional amendment is deliberately difficult for good reason.
Never-the-less we need an amendment to specifically address abortion and provide a set of specific rules.
That is your opinion.
Do we need an amendment that allows parents to send their children their children to a religious school instead of a public school?
Or an amendment that allows parents to have a child learn a foreign language?
Those are just a couple of Supreme Courtnrulings that were right to privacy precedents and paved the way For Roe.
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There were several right to privacy precedents set before Roe v Wade.
The more precedents, the harder it is to overturn a SC ruling.
It will be extremely hard to overturn Roe without also striking down the precedents of right to privacy cases before Roe including right to privacy regarding child rearing rights , such as the right for parents to send their children to private or religious schools instead of schools.
These most likely would become dismantled if Roe v Wade were overturned.
Weems v. United States (1910)
In a case from the Philippines, the Supreme Court finds that the definition of "cruel and unusual punishment" is not limited to what the authors of the Constitution understood under that concept.
Meyer v. Nebraska (1923)
A case ruling that parents may decide for themselves if and when their children may learn a foreign language, based upon a fundamental liberty interest individuals have in the family unit.
Pierce v. Society of Sisters (1925)
A case deciding that parents may not be forced to send their children to public rather than private schools, based on the idea that, once again, parents have a fundamental liberty in deciding what happens to their children.
Olmstead v. United States (1928)
The court decides that wire tapping is legal, no matter what the reason or motivation, because it is not expressly prohibited in the Constitution. Justice Brandeis' dissent, however, lays the groundwork for future understandings of privacy.
Skinner v. Oklahoma (1942)
An Oklahoma law providing for the sterilization of people found to be "habitual criminals" is struck down, based on idea that all people have a fundamental right to make their own choices about marriage and procreation.
Tileston v. Ullman (1943) & Poe v. Ullman (1961)
The Court refuses to hear a case on Connecticut laws prohibiting the sale of contraceptives because no one can demonstrate they have been harmed. Harlan's dissent in Poe, however, explains why the case should be reviewed and why fundamental privacy interests are at stake.
Griswold v. Connecticut (1965)
Connecticut's laws against distribution of contraceptives and contraceptive information to married couples are struck down, with the Court relying on earlier precedent involving the rights of people to make decisions about their families and procreation as a legitimate sphere of privacy.
Loving v. Virginia (1967)
Virginia law against interracial marriages is struck down, with the Court once again declaring that marriage is a "fundamental civil right" and that decisions in this arena are not those with which the State can interefere unless they have good cause.
Eisenstadt v. Baird (1972)
The right of people to have and know about contraceptives is expanded to unmarried couples, because the right of people to make such decisions exists due not simply to the nature of the marriage relationship. Instead, it is also due to the fact that it is individuals making these decisions, and as such the government has no business making it for them, regardless of their marital status.
Roe v. Wade (1973)
The landmark decision which established that women have a basic right to have an abortion, this was based in many ways upon the earlier decisions above. Through the above cases, the Supreme Court developed the idea that the Constitution protects a person's to privacy, particularly when it comes to matters involving children and procreation.
