Abortion Rights as Religious Freedom by Peter Wenz

By Peter Wenz

With the present composition of the preferrred courtroom and up to date demanding situations to Roe v. Wade, Peter S. Wenz's new method of the moral, ethical, and criminal concerns regarding a woman's correct to non-obligatory abortion might flip the tide during this debate. He argues that the ideally suited courtroom reached the perfect determination in Roe v. Wade yet for the inaccurate purposes. Wenz contends woman's correct to terminate her being pregnant can be dependent, now not on her constitutional correct to privateness, yet at the constitutional warrantly of non secular freedom, a foundation for freedom of selection that's not topic to the felony criticisms complex opposed to Roe. a minimum of as much as the 20 th week of a being pregnant, one's trust no matter if a human fetus is a human individual or no longer is a spiritual selection. He keeps that simply because questions on the ethical prestige of a fetus are non secular, it follows that anti-abortion laws, to the level that it really is predicated on such "inherently spiritual beliefs," is unconstitutional. during this well timed and topical ebook, Wenz additionally examines comparable circumstances that care for executive intervention in an individual's procreative lifestyles, the legislation of contraceptives, and different laws that's both utilized to or imposed upon pick out teams of individuals (e.g., homosexuals, drug addicts). He builds a concrete argument which could exchange Roe v. Wade. writer observe: Peter S. Wenz is Professor of Philosophy and criminal stories at Sangamon nation collage.

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The term "liberty" is too general and broad for the Court to gain specific guidance from it. (Almost) every law limits (someone's) liberty, so appeals to a general right to liberty cannot, by themselves, tell us which laws are, and which are not, constitutional. Without more specific guidance, the Court's interpretations of the Constitution are liable to give insufficient weight to the principle of 14 Introduction majority rule and excessive weight to unelected judges' particular, and possibly idiosyncratic, opinions about morality, politics, and economics.

This liberal interpretation of liberty held sway for more than thirty years. Many statutes designed to ameliorate the conditions of poor working people were held unconstitutional because they limited people's freedom of contract, thereby violating substantive due process. Legislatures were severely hampered in their efforts to regulate the wages, hours, and working conditions of people who were so poor as to be powerless to improve their lot through contract negotiations. Some early New Deal legislation was thus held unconstitutional, though, as we see in the next section, the Court began to change its view in 1934.

The present chapter explains both rationales and exposes their defects. The judicial precedents employed by Blackmun and Stewart are historically intertwined. I consider the precedents in chronological order and unweave tille strands of privacy and due process to clarify their use by Blackmun and Stewart in Roe v. Wade. I first explain the doctrine of substantive due process as it was originally applied in the economic sphere. Then I trace the transfer of its use HE DECISION 17 18 Chapter 1 from economic to personal contexts, especially those of family life.

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