Does abortion fall under the 9th amendment or 14th??

Question

... why exactly?

..i know that the 9th is about privacy and i thought it would fall under there because of Roe v. Wade, but it seems like abortion is associated with both..

Answer 1

i don,t beleive you were made to kill a human or to rape another ,but if chldern or adults use an abuse there body to get paid ,i beleive is wrong.

Answer 2

Actually I personally consider it to be primarily 9th and secondarily 10th.  You have rights that are not enumerated in other parts of the constitution, and the government's power to ban it is limited.  Under the 10th amendment means that gov't can't ban it because that would be limiting rights such as privacy that are implied in the 9th.  Under the current system, you have the right to choose whether you want one or not.  Without the 9th amendment, you lose most of your rights vs. the gov't.

Answer 3

neither

Answer 4

As I understand it, the word 'privacy' doesn't appear in the Constitution or Bill of Rights.  In the 18th century, 'privacy' was your right to close the door when you were in the bathroom.  When we talk about 'privacy' being to shield the details of our private lives from the govt., the word our founders used for that was 'security'.

It's the FOURTH amendment that talks about security, basically that the government doesn't have the right to pry into the details of your life unless there is good reason to believe you have committed a crime, and even then a warrant must be issued describing exactly what the government is looking for (i.e. no 'fishing expeditions').

Since there was nothing in the Constitution to show our founders believed the pre-born were 'citizens' and therefore that abortion was murder, the Warren Court decided that abortion was a private matter, that it was none of the government's business.

Anyway that's the way I understand it.

When Ronald Reagan was running for president he promised to propose a constitutional amendment expressly declaring the fetus to be a a human being, and abortion therefore to be murder.  Giving Reagan the benefit of the doubt, assuming he really believed this and wasn't just pandering to the Christian Right, he wouldn't have promised this if he believed that the pre-born were already protected under the Constitution would he?

Answer 5

what mark d said.

Answer 6

14th is citizenship, 9th is privacy. Citizenship and privacy have nothing to do with abortion.

Answer 7

Not that I agree with abortion, but I feel there is a right to be left alone. Abortion remains legal in the U.S. primarily because of the unstated - but often supported - "right" to privacy.

While a right to privacy is not specifically enumerated in the Constitution or its Amendments, the 9th and 14th amendments, along with the 4th and 5th amendments, are thought by privacy advocates to form the basis for an unspoken but very present right to privacy. It is under the basis of a right to privacy that personal decisions - the right to reproduce highest among them - are believed to be out of the hands of government.

Roe V. Wade cited most directly the 14th Amendment, but also a substantial jurisprudence that had previously been built to argue for a "right to be left alone" where government does not have business being.

The foundations of privacy were laid by Justice Brandeis in an 1890 paper in the Harvard Law Review. The argument is that the Constitution inherently supports a broad right to privacy but only specifically enumerates several points:

* 1st Amendment - freedom of assembly, hence of association

* 4th Amendment - a right to be free of intrusion unless government has a reason (warrant) to intrude

* 5th Amendment - a right to due process, which prohibits harassment without evidence and the protections of the judicial process

* 9th Amendment - proscribes that not all rights are delineated by the first 8 Amendments

* 10th Amendment - leaves oversight of certain rights to the States (part of Roe V. Wade's decision to leave abortion law to the States)

*14th Amendment - strengthens the due process elements of the 4th Amendment (although it acted against Roe V. Wade when opponents argued that fetuses were entitled to 14th Amendment protections).

I'd urge others to consider carefully whether a right to privacy is a bad thing. While it allows abortion, belief in the existence of a right to be left alone forms the key legal opposition to the increasingly invasive behavior of our law enforcement authorities over the past decade. It also prevents government from restricting the forms of birth control a married couple decides to use (the jurisprudence being 1968's Griswold v. Connecticut) and is supposed to prevent the Congress from making decisions on care of terminally ill patients.

Answer 8

Abortion falls under the wishful thinking of the Supreme Court Justices, not any amendment of the Constitution. But their wishful thinking led them to claim this:

"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

See my answer here:

http://answers.yahoo.com/question/index;...

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