Explain how and why civil liberties are positively and negatively affected by the selected topic.

n the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has constitutional and political implications.

Select one topic from the following list of three constitutional issues. The topic you select should also be used as the topic for your Week Two and Three written assignments:

  • Religious freedom
  • Free speech
  • Privacy rights

The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil rights are implicated in and affected by this topic.

Utilize the feedback from your Week Two and Three Assignments to create a more thorough outline to form your Final Research Paper. The paper must include five main sections:

  • Introductory paragraph that provides a brief background regarding the topic and introduces the main thesis.
  • In-depth discussion of the implications for federalism related to the topic.
    • Explain how and why federalism has a positive and negative impact on the selected topic.
      • Provide one real-world positive example.
      • Provide one real-world negative example.
      • Utilize the Constitution, established case law, and scholarly sources to support your explanation.
  • In-depth discussion of the implications for civil rights related to the topic.
    • Explain how and why civil rights are positively and negatively affected by the selected topic.
      • Provide one real-world positive example.
      • Provide one real-world negative example.
      • Utilize the Constitution, established case law, and scholarly sources to support your explanation.
  • In-depth discussion of the implications for civil liberties related to the topic.
    • Explain how and why civil liberties are positively and negatively affected by the selected topic.
      • Provide one real-world positive example.
      • Provide one real-world negative example.
      • Utilize the Constitution, established case law, and scholarly sources to support your explanation.
  • Concluding paragraph that summarizes the main findings and restates the thesis.

The paper must be 10 to 12 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center.

The Final Research Paper:

  • Must be 10 to 12 double-spaced pages in length (excluding title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.
  • Must include a title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must begin with an introductory paragraph that has a succinct thesis statement.
  • Must address the topic of the paper with critical thought.
  • Must end with a conclusion that reaffirms your thesis.
  • Must use at least six scholarly resources, including a minimum of five from the Ashford University Library.
  • Must document all sources in APA style, as outlined in the Ashford Writing Center.
  • Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.

 

DISCUSSION 1:

 

In your initial post of at least 250 words, utilize the Constitution, established case law, and scholarly sources to answer the following questions:

  • How does the right to privacy protect a women’s right to have an abortion or not?
  • Is this a constitutionally valid interpretation of the right to privacy?  Why or why not?

Do not rely upon personal opinion to make your argument.  Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.

 

Responces:

 

Adrian:

•How does the right to privacy protect a women’s right to have an abortion or not?

 

The right to privacy is controversial both because it is not explicitly enumerated in the Constitution and because it is used as a vessel through which to grant rights that can be controversial among some Americans, such as the right to contraceptives or the right to receive an abortion (Ivers, 2013). Three good examples of why women’s privacy right to have an abortion is valid is 1. When the health, not just the life, of the mother was severely threatened; (2) when there was a substantial chance that the fetus would be born with severe birth defects; or (3) when the pregnancy was the result of rape or incest (Ivers, 2013).

 

•Is this a constitutionally valid interpretation of the right to privacy?  Why or why not?

 

I do no not think this is a valid interpretation of the right to privacy because a woman’s right to terminate her baby or not should not be up for debate if it was truly her right to keep the baby or not. On January 22, 1973, the Court, 7–2, ruled that the right to privacy found in the Due Process Clause of the Fourteenth Amendment was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973, p. 153). People are not giving the mother the right to privacy because they are saying that the baby has been conceived and should have rights to live just like any other human.  Writing for the Court, Justice Blackmun rejected the state’s argument that the fetus was a person entitled to rights under the Fourteenth Amendment. Rather, it was the woman’s right to reproductive choice that was “fundamental (Ivers, 2013).

 

References:

 

Roe v. Wade, 410 U.S. 113 (1973).

Ivers, G. (2013). Constitutional law: An introduction. San Diego, California: Bridgepoint Education

 

 

Edwin:

 

 

The right to privacy prevents the government from intruding into the lives of the people, easily summarized by Thomas M. Cooler as the right to be left alone (Ivers, 2013. 10.1). Left alone to make decisions without the intrusion of the state or federal government in matters that serve the individual best.

How does the right to privacy protect a women’s right to have an abortion or not? 

The right to make a decision, fail on your own, or look out for your best interests does not require the scrutiny of the government. Justice Brennan writing for the court in Eisenstadt v. Baird (1972) laid the foundation for the right to privacy protecting women’s right to have an abortion by stating;

“[I]f the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child,” (Ivers. 2013. 10.2).

In Roe v. Wade (1973) Justice Harry Blackmun held the right to privacy was vague enough to cover the right of a woman to an abortion, but did not sufficiently cover the constitutionality of the question. Women were given the choice to continue the pregnancy or not with the trimester framework, that allowed the women to terminate any pregnancy within the first trimester.

Is this a constitutionally valid interpretation of the right to privacy?  Why or why not?

This is a valid interpretation of the right to privacy because of the women know their individual situation better than the state, and will act for their best interest or the interest of their current family. The Trimester Framework tried to identify the beginning of life, so as to say that the woman was not taking a life and the state did not have to intervene in order to preserve life.

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