What the Constitution Says and Does Not Say

The 1973 Roe v. Wade decision holding that women have a right to choose to have an abortion during the first two trimesters of a pregnancy was based on the Due Process Clause of the Fourteenth Amendment and the so-called "right of privacy" protected in earlier decisions such as the one that struck down a ban on the use, sale, and distribution of contraceptives. As a constitutional matter Roe v. Wade was absurd. Its trimester-based analysis generally prohibits regulation of abortions in the first trimester, allows regulation for protecting the health of the mother in the second trimester, and allows complete abortion bans after six months, the approximate time a fetus becomes viable.

Although the Constitution does not mention a right of privacy, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. In addition, it is said that a right of privacy is inherent in many of the amendments in the Bill of Rights, such as: the 3rd Amendment, the 4th amendment, and the 5th Amendment.

The root of the problem is the inherent ignorance of the citizens of the United States of what the Constitution says and does not say. As long as the people remain ignorant their rights will continue to be infringed upon. The Supreme Court has broadened Roe v Wade to include all trimesters.

My guess is you think the Constitution contains statements such as: “separation of church and state”; “trial by a jury of your peers”; that it comments on “marriage”; talks about “judicial review” but it does not. All of those are man-made or shall I say lawyer-made. How about: “life, liberty, and the pursuit of happiness”, no, the Declaration of Independance; or how about “of the people, by the people, for the people”, no again, Gettsburg Address.

Until the citizens of the United States educate themselves as to the duties and responsibilities of government, President, Congress, Judicial the elite will reign.


Referenced Constitutional Amendments:

3rd Amendment (1791) --- No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

4th Amendment (1791) --- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5th Amendment (1791) --- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time or war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

9th Amendment (1791)--- The enumeration in the Constituion, of certain rights, shall not be construed to deny or disparage others retained by the people.


14th Amendment (1868) Process Clause of Section 1 --- No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.