Law Commons^™

The Constitutionality Of Abortion, John M. Nerney

Senior Honors Theses

The purpose of this study is to determine whether abortion is constitutional under the Fourth Amendment. Essentially, the Supreme Court used what is known as the “right to privacy” which they created using the First, Fourth, Fifth and Ninth Amendments finding penumbras of the Bill of Rights, and in the concept of liberty guaranteed by the first section of the Fourteenth Amendment. This study addresses the history of the right to privacy and tries to show that the Supreme Court stretched the meaning of these Amendments beyond what the founders of the Constitution intended. This study analyzed the application of …