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Roe v Wade set to be overturned. How both sides fail to make the Constitutional argument.


I discuss this topic in depth with a fellow Americas Tribune writer, J.D Edmonds, on my podcast. You can listen to The Patriot Edda on Spotify below.




"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 to any person within its jurisdiction the equal protection of the laws."


-14th Amendment United States Constitution-


On January 22nd, 1973, the 14th Amendment to the Constitution was invoked to strike down a Texas statue banning abortion in the State. A decision that essentially legalized abortion in the United States. That case law would be known as Roe vs Wade. According to planned parenthood, by 1880 all states had laws that restricted abortion. Many of these states also had exceptions regarding medical emergencies and the health of the mother. This would mean that many States had laws outlawing abortion prior to the ruling of Roe v Wade. So, what is Roe vs Wade?


In 1969, a 20-year-oldTexas woman by the name of Norma McCorvey sought to terminate an unwanted pregnancy. Norma had previously given birth twice and placed the children up for adoption. In 1969 the only legal abortion option in the State of Texas was for medical emergencies and to protect the life of the mother. After multiple failed attempts to obtain an abortion illegally, Norma was referred to Linda Coffee and Sarah Wedding. Both Linda and Sarah were interested in challenging abortion laws, and they would file on Norma's behalf in 1970. Norma McCorvey would later become known as Jane Roe in court documents.


Norma McCorvey AKA Jane Roe

The 1970 case filed on behalf of Norma McCorvey (aka Jane Roe) was filed against then district attorney of Dallas County, Henry Wade. Henry Wade was widely known for prosecuting Jack Ruby, the man responsible for killing Lee Harvey Oswald,


In June of 1970 the Supreme court ruled in Roe vs Wade that the Texas abortion laws were illegal because it violated a constitutional right to privacy. Jane Roe would still go on to give birth to the child and put it up for adoption. However, on January 22nd, 1973, in a 7-2 Supreme Court ruling, the Texas law banning abortion was struck down. In the ruling, the Supreme Court divided pregnancy up into 3 categories, or three trimesters.


During the first trimester it was declared that it was solely up to the woman on whether to end a pregnancy or not. In the 2nd trimester the government could regulate but not ban abortion. In the 3rd trimester States could ban abortion if the child could be sustained outside of the womb except under medical emergencies that involved the health and welfare of the mother.


This idea that Roe v Wade confirmed a Constitutional right to abortion, comes from a place of ignorance and echo chambers. Nothing in Roe v Wade confirmed the right to an abortion. As the ruling states, it solely covers the right to privacy. The Supreme Court also has no Constitutional authority under Article 3 of the United States Constitution to legislate laws in any fashion. They only simply determine Constitutionality. It is also convenient that when Roe V Wade is mentioned, the summary is also not stated in terms of trimester restrictions. Before going into the fact that the federal government was never granted the authority to rule on State issues not delegated in the Constitution, the 14th Amendment needs to be addressed.




The 14th Amendment to the U.S Constitution does not discuss privacy at all. In fact, privacy is specifically covered under the 4th Amendment. The portion of the 14th Amendment referenced in Roe v Wade reads as follows: "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 to any person within its jurisdiction the equal protection of the laws."


This has nothing to do with privacy. It simply states that no State shall make or enforce any law without due process of the law. Many people like to quote immunities and privileges in reference to privacy. However, you cannot privately kill your neighbor and hide them inside of your home. Assisted suicide is against the law in the United States as well and does not violate doctor/patient confidentiality nor privacy. Privacy under the United States Constitution also does not mean immunity.


"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."

4th Amendment. United States Constitution


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Many people like to invoke the 4th Amendment when specifically talking about privacy but will also not continue the conversation in line with discussing warrants. Which can be issued upon probable cause, supported by Oath or affirmation, and particularly describing the place the be searched, and the persons or things to be seized. Knowing that the Supreme Court divided pregnancy up into 3 categories, laws were written amongst the States regulating 2nd and 3rd trimester abortions. Violation of those laws, afforded under due process, means that the government can obtain a warrant under probable cause. Privacy is neither covered nor discussed in the 14th Amendment. The 14th Amendment has 4 sections. Section 1 covers jurisdiction and equal protection for only born or naturalized citizens. Section 2 covers enumeration of State Representation and Elections. Section 3 covers barring elected officials from civil and military service while in office and insurrection. Section 4 covers debt.


Roe vs Wade is poorly written and outside of the Constitutional authority of both the Supreme Court and Federal Government. Which is exactly why there are no ratified federal laws regarding abortion. Roe v Wade is not ratified law. The only correct interpretation of Roe v Wade by the supreme court, discusses the protection of unborn children. Unborn children are not covered by any constitutional protection, which many conservatives get wrong 100%. The 14th Amendment only offers jurisdictional protection of the Constitution to citizens who are born or naturalized.