Roe v. Wade (1973)
Case background and primary source documents concerning the Supreme Court case of Roe v. Wade. Dealing with a citizen’s Constitutional right to privacy and liberty, this lesson asks students to evaluate the Court’s constitutional reasoning in Roe v. Wade.
Inalienable / Natural Rights
Freedoms which belong to us by nature and can only be justly taken away through due process.
Except where authorized by citizens through the Constitution, the government does not have the authority to limit freedom.
Citizens are best able to pursue happiness when government is confined to those powers which protect their life, liberty, and property.
According to common law tradition carried over in the United States from England, abortion before “quickening” (or when the fetus’s movements could be felt) was not a crime. In 1821, Connecticut adopted a portion of Lord Ellenborough’s Act (1803) and passed the first law banning abortion after quickening. Twenty years later, eight states had such laws. At the time of the adoption of the Fourteenth Amendment in 1868, 20 states (out of 37) restricted abortion. Generally, abortions after quickening were felonies while those procedures performed before quickening were treated as misdemeanors. Gradually, the legal distinction between pre- and post-quickening abortions began to disappear. By the 1950s, almost every state banned all abortions except when necessary to save the woman’s life.
In the late 1960s, however, some states began to relax their laws restricting abortion. This trend coincided with the feminist movement, and the liberalization of laws governing sexuality and privacy. The trend was also mirrored in legal challenges to laws regulating intimate relations. The Supreme Court struck down laws banning the use of birth control by married couples (Griswold v. Connecticut, 1965), and single people (Eisenstadt v. Baird, 1972).
Beginning with Colorado in 1967, thirteen states opened access to abortion. Several states restricted the procedure somewhat, while 31 states allowed abortion only to save the life of the mother. Texas was one of those states. A Texas woman, using the pseudonym Jane Roe, challenged the Texas law and her case eventually went to the Supreme Court. Roe claimed that the law robbed her of her right to privacy and her liberty as protected by the Due Process Clause of the Fourteenth Amendment.
Evaluate the Court’s constitutional reasoning in Roe v. Wade.
Read the Case Background and Key Question. Then analyze Documents A-K. Finally, answer the Key Question in a well-organized essay that incorporates your interpretations of Documents A-K, as well as your own knowledge of history.
Documents you will examine:
- Lord Ellenborough’s Act, 1803
- Article 1191 of Texas Penal Code, first adopted in 1857
- The Fourteenth Amendment, 1868
- Griswold v. Connecticut, 1965
- Large Abortion Billboard Alongside Road, 1971
- Pro-Life Demonstrators, 1971
- Abortion Petition in Ms Magazine Debut Issue, 1972
- Majority Opinion, Eisenstadt v. Baird, 1972
- Majority Opinion (7-2), Roe v. Wade, 1973
- Dissenting Opinion (William Rehnquist), Roe v. Wade, 1973
- Dissenting Opinion (Byron White), Roe v. Wade, 1973
- Personal Liberty – Essay by Dennis Goldford, Ph.D.
- Roe v. Wade – Case Background
- Documents to Examine (A-K)
- The Issue Endures
- Identifying and Teaching against Misconceptions: Six Common Mistakes about the Supreme Court – Essay by Diana E. Hess
- Classroom Applications
- Online Resources
- Case Briefing Sheet
- Constitutional Issue Evidence Form
- Documents Summary
- Attorney Document Analysis
- Moot Court Procedures
- Tips for Thesis Statements and Essays
- Rubric for Evaluating a DBQ Essay on a 9-Point Scale
- Key Question Scoring Guidelines for All Essays
- Constitutional Principles and their Definitions
- Answer Key