The Constitutionality of Abortion

This explores the constitutionality of abortion and the Roe v Wade Supreme Court decision. Legality is addressed, not morality.

The US Constitution is a contract between the people, the states, and the federal government. That contract was violated by SCOTUS in Roe v Wade.

The contract specifically states that the functions not delegated to the United States government by the Constitution, are reserved to the State governments, or to the people. Amendment 10. It should be noted that the 10th Amendment was added to the Constitution (changing the contract) by the Amendment Process. This is the only legal way the Constitution can be changed.

Justice Rehnquist pointed out in his dissent that the abortion ruling createdan entirely new legal meaning for the amendment. "To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment." "By the time of the adoption of the Fourteenth Amendment in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion."

Had the 14th Amendment been relevant to abortion it would have nullified those laws in 1868. It did no such thing.


Justice White also dissented. "I find nothing in the language or history of the Constitution to support the Court's judgment. The Court simply fashions and announces a new constitutional right" "The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled..."


Justice White speaks about the 10th Amendment. The law-making authority was not given to the US Government in the Constitution, therefore should remain at the state level.


Thus the Constitution was significantly changed. Not legally by amendment, but illegally by Supreme Court ruling. SCOTUS ignored one amendment and changed another amendment. It had no constitutional authority to do either.



Read more: Chapter 15. Abortion in the Bible and Constitution – What the Bible and Constitution state about this divisive topic.