final work
Grading Rubric for Final Writing Assignment
1. Independence
__ (2) There is a statement saying which side winning would promote liberty in this sense
__ (2) The statement is clear and correct
__ (2) There is a statement saying why this side winning would promote liberty in this sense
__ (2) The statement uses the main definition of this meaning of liberty and is correct
__ (2) There is a primary source quotation
__ (2) The primary source definition is appropriate
and defines this meaning of liberty
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty
__ (2) The application is clear and correct
___ Total number of points for this section
2. Federalism
__ (2) There is a statement saying which side winning would promote liberty in this sense
__ (2) The statement is clear and correct
__ (2) There is a statement saying why this side winning would promote liberty in this sense
__ (2) The statement uses the main definition of this meaning of liberty and is correct
__ (2) There is a primary source quotation
__ (2) The primary source definition is appropriate and defines this meaning of liberty
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty
__ (2) The application is clear and correct
___ Total number of points for this section
3. Personal Responsibility
__ (2) There is a statement saying which side winning would promote liberty in this sense
__ (2) The statement is clear and correct
__ (2) There is a statement saying why this side winning would promote liberty in this sense
__ (2) The statement uses the main definition of this meaning of liberty and is correct
__ (2) There is a primary source quotation
__ (2) The primary source definition is appropriate and defines this meaning of liberty
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty
__ (2) The application is clear and correct
___ Total number of points for this section
4. Personal Liberties
__ (2) There is a statement saying which side winning would promote liberty in this sense
__ (2) The statement is clear and correct
__ (2) There is a statement saying why this side winning would promote liberty in this sense
__ (2) The statement uses the main definition of this meaning of liberty and is correct
__ (2) There is a primary source quotation
__ (2) The primary source definition is appropriate and defines this meaning of liberty
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty
__ (2) The application is clear and correct
___ Total number of points for this section
5. Constitutionally limited government
__ (2) There is a statement saying which side winning would promote liberty in this sense
__ (2) The statement is clear and correct
__ (2) There is a statement saying why this side winning would promote liberty in this sense
__ (2) The statement uses the main definition of this meaning of liberty and is correct
__ (2) There is a primary source quotation on 14th amendment
__ (2) The primary source definition is appropriate
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a primary source quotation on constitutional change
__ (2) The primary source definition is appropriate
__ (2) There is an explanation of the primary source quotation
__ (2) The explanation is clear and correct
__ (2) There is a concluding statement that applies the quotations to the controversy and explains why one side winning would promote this part of liberty
__ (2) The application is clear and correct
___ Total number of points for this section
___ Total for all five sections
___ Penalties (for not following the directions or plagiarism or lateness)
___ Your grade on the final liberty analysis (maximum grade is 100)
1
LIBERTYANALYSIS 2
Living under a government that protects person and property of citizens, no exceptions
In the case of Jane Roe vs. Henry Wade, Wade winning the case upholds government protection of a person. It the duty of the government to protect human life as stated in the Declaration of Independence (1776). “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men…”
Jane Roe’s right to abortion violated the Declaration of Independence. In addition, Wade winning the case, then the state regulation of abortion would mean that it is protecting the life since the termination of pregnancy at any stage of gestation was not only risking the life of the mother but also terminating the life of an unborn fetus.
However, Jane Roe winning the case, and the supreme court, in a 7-2 decision, striking down the Texas law banning abortion, effectively legalizing the procedure nationwide. In a majority opinion, the court declared that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment. “In all the states of created beings capable of laws, where there is no law, there is no freedom: for liberty is to be free from restraint and violence from others; which cannot be, where there is no law…” (John Locke, Second Treatise on Government, 1689-1690, Chapter 6).
The ruling highlighted abortion to be a private matter between the mother and the doctor during the first trimester of abortion. Although during the second trimester, the government is to regulate but not ban it to protect the mother’s health. Finally, during the third trimester whatever the state says prevails and thus abortion is to be deemed illegal. It is only legal for saving a life.
Living Under a Government That Does Not Harm Person and Property
Jane Roe winning the case was in the interest of liberty, the government protection of persons and property of all citizens, No Exceptions. “A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice to save the mother’s life… A three-judge District Court… declared the abortion statutes void as vague and over broadly infringing those plaintiffs’ Ninth and Fourteenth Amendment rights” (U.S. Supreme Court, Roe et al. v. Wade, District Attorney, 1973). The government should not harm people rather than it should protect them. The win necessitated and provided for provisions under which the law was lenient or supported abortion except for only when saving a life.
Wade winning would mean that the government is upholding equality with the protection of life, liberty, and property of all citizens, with No Exceptions. Drawing relevance from Massachusetts Declaration of Rights, March 2, 1780, “All men are born free and equal and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.” In this case, the government does not partake in the harm of people by giving pregnant women the go-ahead to harm fetuses leading to protection of life which is among the core responsibilities of the government.
Religion
Abortion is still a difficult, contentious, and even unresolved issue for some religious groups. However, Wade winning the case would have been to the best interest of religious groups who opposes abortion with few or no exception. “Fear of God’s Wrath Restrains Rulers from Harming Citizens, as well as restraining citizens from harming one another …” In the very nature, abortion is the sort to be against the God-given commandments or the Absolute laws. It is believed that the government of the day has been mandated to protect life however much it is not to interfere with the religious beliefs of a person which is viewed as a fundamental right of a person to freely express their religion.
On the other hand, the concept of religion does not apply to the case of Jane Roe vs. Henry Wade. Freedom of religion is though protected by the 1st amendment which prevents the establishment of a national religion or prohibition of free exercise of religion to its citizens. Joe winning the case shows how the government appreciates that everyone has the right to choose to belong to any religion or even not to be religious at all.
Personal Liberty
Jane Roe winning the case would promote the right to personal liberty. Sir William Blackstone states, “Next to personal security, the law of England regards, asserts and preserves the personal liberty of individuals. This personal liberty consists in the power of locomotion [that is, of moving from place to place], of changing one’s situation [that is, location], or moving one’s person to whatsoever place one’s inclination may direct, without imprisonment, or restraint, unless by due course of law” In this case, Jane Roe’s right to privacy constitutes her right to personal liberty and Wade winning would mean the state forcing all pregnant women to keep pregnancies against their will which would be a violation to their liberty.
District Attorney, Wade’s winning translates to a violation of personal liberty whereby pregnant women seeking to practice abortion would not exercise their right to free will. The 5th and 14th Amendments of the US Constitution protect people from wrongful imprisonment states, “No person shall…be deprived of life, liberty, or property without due process of law” (5th Amendment, U.S. Constitution). “Nor shall any State deprive any person of life, liberty, or property without due process of law” (14th Amendment, U.S. Constitution). Hence, in a state of nature, no man had any moral power to deprive another of his life, limbs, property or liberty” (Activity 2B, 1775).
Self-Government
Jane Roe winning the case would uphold civil liberty and the right to self-government. From the definition, “The first grand right, is that of the people having a share in their government by their representatives chosen by themselves, and in consequence, of being ruled by laws which they approve, not by edicts of men over whom they have no control” (Letter to the Inhabitants of Quebec, First Continental Congress, 1774). This includes the right to decide what one does with their bodies including abortion. Roe winning this case would guarantee the right of self-government for all pregnant women even if that means abortion. This means that everyone is equal and has unalienable rights among them the right to self-governance. This right would be affirmed by Jane Roe winning the case as pregnant women would have governance over their body allowing them to carry out an abortion if they deem it necessary.
On the contrary, Henry Wade limits the idea of exercising self-governance. From this definition, “Common sense taught that man needed the protection that the sovereign provided against one’s fellow man; history taught that man needed protection from the sovereign as well. Liberties, in this sense, consisted in limitations upon the powers of the sovereign and a sharing, enjoyed by freemen, in the exercise of those powers” (Forrest McDonald, Novus Ordo Seclorum, 37). We have the greatest opportunity to live under laws of our choosing when we live under laws made by our State government as opposed to those made by our Federal government. The government, therefore, formulates statutes and laws that are against abortion or termination of life.
References
Harbison, W. A., & Belz, H. (1983). The American Constitution: its origins and development. WW Norton.
Regan, D. H. (1979). Rewriting Roe v. Wade. Michigan Law Review, 77(7), 1569-1646.
LibertyAnalysis Preparation Sheet
Your Name: ________________________________________
What is your controversy? (Name of case) ________________________________________
1A. Which side would most promote independence? ______________________________
1B. Why?
_____________________________________________________________
_____
1C. Which primary source quotation in the book will you use to define this meaning? (a quotation that defines this concept, not a description of the case )
_______________________________________________________________________
___
2A. Which side would most promote federalism? ______________________________
2B. Why?__________________________________________________________________
2C. Which primary source quotation in the book will you use to define this meaning? (a quotation that defines this concept, not a description of the case )
_______________________________________________________________________
3A. Which side would most promote personal responsibility? __________________________
3B. Why?__________________________________________________________________
3C. Which primary source quotation will you use to illustrate this meaning? (a quotation that defines this concept, not a description of the case )
_________________________________________________________________________
___
4A. Which side would most promote personal liberties?___________________________
4B. Why?__________________________________________________________________
4C. Which primary source quotation will you use to illustrate this meaning? (a quotation that defines this concept, not a description of the case )
_________________________________________________________________________
5A. Which side would most promote living under a constitutionally limited government?________________
5B. Why?__________________________________________________________________
5C. Which two primary source quotations will you use (see directions for which ones)?
_____________________________________________________________
Note: include Activity Number and Letter for primary source quotations (for example 53D).