Deterioration of State’s Rights :Deterioration of State’s Rights The Federal Government’s Influence on State Abortion Decisions Brady Bialek Mr. Vega English 11A


According to the Original Constitution… :According to the Original Constitution… The Federal Government could not: Levy income taxes Buy land Provide public health insurance Offer Social Security Establish a minimum wage Photo:http://students.umf.maine.edu


However, :However, The Federal Government has assumed these roles and more: Including issues on: Abortion Marijuana Illegal aliens School prayer Photo: http://www.destination360.com ("States' Rights.”)


Abstract :Abstract The Constitution of the United States of America grants the states and the people any rights not specifically given to the national government. On the other hand, it grants the federal government the right to do whatever is “necessary and proper” to carry-out its job. Beginning with the Roe vs. Wade Supreme Court decision, the federal government has taken the responsibility of determining the legality of abortion. Prior to Roe vs. Wade the majority of states had made abortion illegal; therefore, this issue raises the question: By making abortion illegal, is the federal government doing what is necessary and proper to do its job, or is it deteriorating state rights even more?


Federal Government’s Ability to Overrule States :“The Congress shall have the power to…make all laws which shall be necessary and proper for carrying into execution the foregoing powers…” http://www.princetonol.com Federal Government’s Ability to Overrule States


Rights of State Governments :Rights of State Governments “ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively or to the people.” Photo: http://saveourrepublic.com/


Federal Government and Abortion :Federal Government and Abortion Roe vs. Wade Supreme court decision Declared anti-abortion laws were unconstitutional (Lewis) Argued anti-abortion laws undermined women’s rights (Roe vs. Wade) Photo: Microsoft clip art


Federal Government and Abortion :Federal Government and Abortion Gonzales v. Carhart Upheld congressional act outlawing partial-birth abortion ("The Supreme Court Tilts Rightward”) Photo: http://crime.about.com


Federal Government and Abortion :Federal Government and Abortion Freedom of Choice Act (FOCA) Proposed congressional bill designed to enforce Roe vs. Wade * Bill yet to be passed Photo: Microsoft clip art


Federal Government and Abortion :Federal Government and Abortion Sanctity of Life Act (SOLA) Bill developed to protect all life including life in the womb * Bill yet to be passed Photo: Microsoft clip art


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade When States could decide for themselves.


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade Four states declared abortion legal (Stuart) New York Washington Alaska Hawaii Photos: Microsoft clip art


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade One state declared abortion legal only in cases of rape (Stuart) Mississippi Photo: Microsoft clip art


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade Two states made abortion legal only when it was necessary to protect the woman’s health (Stuart) Alabama Massachusetts Photos: Microsoft clip art


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade Thirteen states declared abortion legal: To protect the woman’s health In cases of rape or incest If fetus was damaged Maryland Delaware Virginia North Carolina South Carolina Georgia Arkansas Kansas Colorado New Mexico California South Carolina Georgia Florida Oregon Florida (Stuart)


State Laws Before Roe vs. Wade :State Laws Before Roe vs. Wade Thirty States declared abortion illegal (Stuart) Maine New Hampshire Vermont Connecticut Rhode Island Pennsylvania New Jersey West Virginia Ohio Michigan Indiana Kentucky Tennessee Illinois Wisconsin Louisiana Missouri Iowa Minnesota North Dakota South Dakota Nebraska Oklahoma Texas Montana Wyoming Utah Arizona Nevada Idaho


Statistics :Statistics 77% of Americans believe abortion is the taking of a human life 70% of Americans are against abortion in the first three months of pregnancy 66% of Americans see legalized abortion as evil (Forsythe)


What can you do to get abortion back in the hands of the states? :What can you do to get abortion back in the hands of the states? Write your opinion to a state or US Congressman Create a signed petition for a government official


Works Cited :Works Cited Forsythe, Clarke D. "Legal Abortion Is Not Necessary to Protect Women's Health." Contemporary Issues Companion: Women's Rights. Ed. Shasta Gaughen. San Diego: Greenhaven Press, 2003. Opposing Viewpoints Resource Center. Gale. South Western High School Library. 1 May. 2009 . Lewis, Jone J. "Abortion - History of Abortion in the United States." Women's History - Comprehensive Women's History Research Guide. 2005. The New York Times Company. 11 May 2009 . "Roe vs. Wade." Supreme Ct. of the US. 22 January 1973. Www.tourolaw.edu.Touro Law Center.. "States' Rights."  Issues & Controversies On File  29 Aug. 1997. Issues & Controversies.  Facts On File News Services.  7 May 2009  .


Works Cited (cont.) :Works Cited (cont.) Stuart, Patrick. "File:Map of US abortion laws pre-1973.svg." Wikipedia.com. 3 Dec. "The Supreme Court Tilts Rightward (Special Report)."  Encyclopedia.  Reproduced in Issues & Controversies.  July 2007.  Facts On File News Services.  12 May 2009  .