Historical, Cultural, and Religious Perspectives of Abortions
Early Christian philosophers and theologians embraced a similar view to that of Greeks and Romans, maintaining that a fetus did not have a soul until 40 days of pregnancy for males and eight days for females. St. Augustine differentiated between the early fetus, which had no soul, and later fetus, which possessed life (as cited Nelson, 2018). While no agreement concerning the exact point at which “the person” was formed, the general view was that abortion in the early stages of pregnancy was not justified as a crime.
Historical analysis suggests that there has been no consensus between ancient and contemporary society toward abortion. Contrary, there has been contravening discourses across religion, medicine, and philosophical views on when life begins, as well as moral jurisprudence concerning abortion (Newbery, 2019). Most of the United States’ laws in the late 19th century restricted abortion except when there was a need to save the mother’s life. However, the rules had no precedent in either primitive or common law experience (Fallon & Fallon, 2019). On the same note, throughout history, women have sort abortion, as well as its legalization, due to several reasons, which were never unanimously criticized by society.
The English traditions were absorbed into a set of common codes of the United States. Following that tradition, women in American colonies, which later constituted the states, had a broad choice to terminate pregnancies. In a few states, such as Connecticut, criminal laws were embraced to prohibit abortion. By the late 19th century, additional states adopted laws criminalizing the practice and increasing penalties for the purported offense (Fallon & Fallon, 2019). This campaign succeeded in banning abortion in most states of America unless performed to preserve the mother’s life. Later, the federal government joined the movement to fight the practice when Congress passed a law making mailing, transporting, or transmitting information on birth and pregnancy a criminal offense.
Federalism in the U.S.A Constitution
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Under Britain’s yoke, the thirteen American colonies controlled their court systems, with the states continuing the practice after independence. This Article requires judges in every state to be compelled” in recognizing the federal law supremacy, thus controlling vertical judicial federation (as cited in Newbery, 2019). Consequent proceedings reveal the existence of judicial federalism in the U.S. To understand these implications, the discourse must be taken into perspective, as well as context.
As applied to abortion, federalism translates to the division of power between federal and state governments and whether the federal government has the authority in this particular field. Previously, states governed public policy issues, for instance, family affairs and medical care, through their governing bodies. Either federal courts or legislature does not discredit such positions or the enacted regulations (Balkin, 2017). On the same note, Roe and Casey’s decisions agree with the federalism principles as the court secures the states’ constitutional mandate by offering them the opportunity to regulate abortion (Planned Parenthood v Casey, 1992). Hence, the contention has, at times, arose as a result of family affairs, which are aligned to federalism stipulations.
The U.S. constitution created only one federal court, namely the U.S. Supreme Court, which had insignificant power and an appeal jurisdiction that encircles all cases under the federal judicial authority (Fallon & Fallon, 2019). Later, Congress was instructed to create more federal courts and mandate them with sections of federal judicial power in the Judiciary Act of 1789. Conversely, the Constitution did not warrant that the federal judicial power to be exercised only by the federal courts. The act granted only slight jurisdictions to federal courts, with cases outside jurisdiction being handled by state courts. Despite the extension of the jurisdiction, today, federal courts cannot wholly or exhaustively practice their judicial power.
Major Abortion Court Cases
In Roe v. Wade, the high court examined the Texas law prohibiting abortion in all aspects unless the mother’s life was at risk. The second case was Doe v. Bolton, who focused on a more moderate Georgia law, which permitted abortion when a woman’s life or health was in danger (Doe et al. V. Bolton., 1972; Balkin, 2017). In 1973, the U.S. Supreme Court, through Roe v. Wande‘s decision, addr