A high school student from Louisiana wrote perplexed on how to begin a paper analyzing the way the constitution applies to an individual Supreme Court case. She selected “Roe v. Wade” for this assignment.
She asked: “Specifically, the teachers want me to thoroughly analyze the Roe v. Wade case. I am to approach the essay in critical format, providing my arguments based on the written Constitution.
“I have no idea where to begin. I believe that I have good facts about abortion (ie, what it is), and I most certainly know how immoral it is. However pinpointing how the Supreme Court misinterpreted the issue with regard to the Constitution is a little intimidating.
“Overall, I suppose they want to know why the Supreme Court was constitutional incorrect.
“If someone could, at least, point me in the right direction(s) where information of the nature is concerned, I would be forever grateful.”
I hope my response below helped to steer her in the right direction. I am in no way an expert in constitutional law, but do have an interest in such a subject, as I’m sure you all can tell by now! It is also essential to understand the bizarre lack of understanding that the 9 most powerful people in the United States have of the Constitution as well as basic human rights.
The basic premise under which Roe v. Wade was decided was an erroneous interpretation of the 14th amendment among other applications of so-called constitutional law and international law and theory. The "Constitutional" reasons for abortion are addressed in Section V of the opinion. Read the entire opinion on the Priests for Life website. You will notice underneath this in Section VI of the opinion that the court lists 8 other references that attempt to validate abortion. None of these are based on the Constitution; yet they hold the most weight in the outcome of the case. You will also notice that Section VI is over 17 pages long while Section V is only half of a page!
The court is also so bold as to say in section VIII that "The Constitution does not explicitly mention any right of privacy" (410 U.S. 113, 152)! The second paragraph of section VIII also attempts to justify abortion according to the Constitution.
It is also very important not to neglect the companion case to Roe, Doe v. Bolton, which made abortion legal through all 9 months for virtually any reason. The text of this opinion is also found in its entirety on the Priests for Life website.
Sadly, many Americans are also in the dark when it comes to the actual text of the Constitution. Read The Constitution on the Priests for Life web site also.
For other assistance in your project, I encourage you to contact the WallBuilders. This organization is dedicated to restoring the original meaning to the Constitution.