I seriously don't know. Maybe there are some constitutional experts here that can answer this question. Why isn't it legislated by congress?
Don't let this turn into an pro life / pro choice debate. I'm just wondering why it's a supreme court issue and not a congressional issue.
I think it has to do with whether the fetus is a "person." If it is a "person" then Congress cannot legislate whether it lives or dies, but the US Supreme Court can.
Roe v Wade has nothing to do with whether a fetus is a humanbeing. That decision was based on the womans right to choose.
bhonst wrote:
I seriously don't know. Maybe there are some constitutional experts here that can answer this question. Why isn't it legislated by congress?
Don't let this turn into an pro life / pro choice debate. I'm just wondering why it's a supreme court issue and not a congressional issue.
Because of the 4th and 14th amendments. The 14th amendment has the Due Process clause guaranteeing that no person can be stripped of their life, liberty, or property without the due process of law. The Supreme Court established that preventing a woman from having an abortion is an infringement on her liberty. Additionally, there is an implication in the 4th amendment of a right to privacy. Abortion goes to the supreme court because laws regarding it need to be judged constitutional or unconstitutional.
bhonst wrote:
Don't let this turn into an pro life / pro choice debate. I'm just wondering why it's a supreme court issue and not a congressional issue.
you've certainly come to the right place for that. i always come to a running message board - especially one filled with such high-minded legal scholars as letsrun.com - when i'm looking for answers regarding constitutional law.
A relative of mine (lawyer and politician) pointed out to me that the US is the only country in the world where abortion is a constitutional right. Everywhere else it is legal through legislation.
There are laws about abortion, but a law is challenged before a court, like the above poster was saying. Of course, that law must be challenged by an individual, not a court.
wow. I can't believe this thread. about the dumbest i've seen. Abortion is not a constitutional right. It is not in the the Constitution. But the Supreme Court has the right of judicial review and can say that the laws Congress make in fact jive with the Constitution. Thus, all laws about abortion are subject to scrutiny of the Supreme Court. A change in the composition of the court could possibly have the justices find that the laws making abortion legal are unconstitutional in their opinion.
please delete this thread because I can't take how dumb it is.
Whenever I hear this talk i think of this family guy clip
http://youtube.com/watch?v=EnRe1aaTI-8
Other than that I have nothing, the original question was answered.
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