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1 The requirements of the Constitution Any analysis of Roe Vs Wade must be accomplished within the language of the Constitution Under the American Constitution the state is obligated to exercise its powers with extreme deference to the rights of the individual Certain of these rights are so crucial to the establishment and maintenance of a free society that special amendments ie the Bill of Rights were added to the Constitution to specifically stay the hand of the state when the exercise of its powers placed it in conflict with the interests of the individual The Fifth and Fourteenth Amendments specifically prohibit the taking of a human life without due process of law The Fourteenth Amendment expands this guarantee by prohibiting any state from denying a person within its jurisdiction the equal protection of the law The Constitution extends these guarantees to all persons within the jurisdiction of the United States No other qualification is made The only conditions which can be identified anywhere in the Constitution are life which is presumed to be present and personage which is a given condition of the human specie When life begins stage of development age environment meaningfulness of life potential viability morality religion nor any other condition are anywhere mentioned and do not compromise or modify these guarantees In Roe Vs Wade Justice Blackmun acknowledged regarding the status of the fetus and referring to the Texas statute on abortion that If this suggestion of person hood is establishedthe fetus right to life is then guaranteed specifically by the 14th Amendment In other words the only requirements held forth by the Constitution regarding the disposition of the unborn are first that life be present second that it belong to a person ie a human being and third if these criteria are met that due process be extended before its life can be taken 2 Proof that life is present The spirit and language of the Constitution are such
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