Presentation Transcript
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 .