I looked further into the constitution to try to get a better understanding on the legal issues that play a role with an abortion. The 9th Amendment of the Constitution has factored court cases because it protects the rights of people. It was original apart of the Bill of Rights and was ratified in 1791. The ratification was in order to make sure the rights enumerated into the constitution. This allowed for the rights of people would not be denied or jeopardized. Many people feel that this amendment is more of an interpretation rather than a clear statement and often have a difficult time deciphering a person’s right. Since the ninth amendment was originally apart of the bill of rights it speaks to the limitations on the federal government rather than powers of state governments. Times have drastically changed since the Bill of rights and state governments hold equally as much power as federal governments.
Roe vs. Wade is a historic court case that overturned a Texas interpretation of the abortion law, making abortion legal in the United State. The decision held that a woman with her doctor could choose abortion in earlier months of a pregnancy with out restriction and with restrictions in later months due to privacy. The Roe vs. Wade ruling was based primarily on the ninth amendment. It states, “"the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Griswold v. Connecticut in 1965 also is a landmark case in American history. The Supreme Court ruled that a state’s ban on the use of contraceptives violated the right to material privacy. The ninth amendment represented their rights and helped the decision of the case.
The 14th amendment along with the ninth amendment has altered many rulings of abortion cases. The 14th amendment grants citizenship to all people born or naturalized in the U.S. It also prevents the state from denying any person of life, liberty, or property, without due process of law. This amendment allows everyone to have equal protection of basic rights without government limitations. In Roe vs. Wade it was determined that a fetus in not a person. Persons else where in the constitution refer to people after birth. Therefore, there has been no denying of a person’s right. This was backed by the 14th amendment.
