Last updated on May 7, 2022
Since its making in 1776, the US Constitution has changed and molded into the complex interpretation it is today. This is because some things are implied, meaning they are not directly stated in but are insinuated, by the Constitution.
In the 1973 case, Roe v Wade, these implied rights showed precedence. The Supreme Court of the United States (SCOTUS) ruled that the right to privacy is implied in the “First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” This case banned restrictions on abortion within the first trimester of the pregnancy.
On May 2, 2022, Roe v Wade was revealed as overturned by the SCOTUS. This decision makes the power of restricting abortions one of the individual states. While the right to have an abortion is not directly stated in the Constitution, it is still a Constitutional right that should be upheld by the SCOTUS.
The Ninth Amendment
The Ninth Amendment of the US Constitution states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In simple terms, this means that there are many other rights supported by the Constitution that are not directly stated. The Framers, writers of the Constitution, could not have possibly written down or even known all of the rights that citizens need. Therefore, it is erroneous to argue that the right to abortion is not supported by the Constitution just because it is not specifically stated.
Due Process Clause
Both the Fifth and Fourteenth Amendments have a due process clause. This states that no person shall be “deprived of life, liberty, or property, without due process of law.” In this case, women are exercising their liberty of having an abortion. To deprive women of their liberty, the government must have due process. Due process means having a fair trial during which no citizen is deprived of his/her rights. In the case of overturning Roe v Wade, this requirement is not being met.
Other rights, like the Fourth and Fifth, imply the right to privacy. This is defined as the right against undue government intrusion into fundamental personal issues and decisions. The Fourth Amendment implies this because it prevents illegal searches and seizures. Additionally, the Fifth Amendment includes the right to not self-incriminate or remain silent. Both of these, along with the Ninth, Fifth, and Fourteenth, all lead to the same outcome: citizens have a right to privacy.
The Constitution was designed to mold and maintain a fair republic as times change. Thus, even though it is not directly stated, the right to abortion is fairly extrapolated from the US Constitution.