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... netic's, University Rene Descartes). "Lively activities [are] observed by ultrasound in the tenth week, when babies rarely pause for more than five minutes. " Geraldine Lux Flanagan, Beginning Life 62 (1996). At eight weeks, "the danger of a miscarriage... diminishes sharply. " Lennart Nilsson, A Child is Born 91 (1990). Integrated brain functioning has been verified about seventy days after conception. Peter Steinfels, Scholar Proposes 'Brain Birth' Law, N.
Y. Times, Nov. , 8, 1990 at A 28. Nine weeks after conception, the baby is well enough formed to bend her fingers around an object in the palm of her hand; in response to a touch on the sole of her foot, she will curl her toes or bend her hips and knees to move away from the touching object. Valman & Pearson, What the Fetus Feels, British Medical Journal, (January 26, 1980). "Until the 9 th week there is no apparent difference in the external genitals of boys and girls... [but] in boys in the 9 th week... the testis releases a burst of male hormones... and the phallus stays. " Christopher Vaughan, How Life Begins: the Science of Life in the Womb 74 (1996).
By nine weeks, a developing fetus can hiccup and react to loud noises. Hopson, Fetal Psychology, 31 Psychology Today 44 (October 1998). # 8) "[B]effort 'viability... the woman has a right to choose to terminate her pregnancy. '" Stenberg v. Chart, 530 U. S. 914, 921 (2000) (citations omitted). "Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. " Roe v. Wade, 410 U.
S. 113, 160 (1973). # 9) "[T]he line between lawful and unlawful abortion will be marked by the fact of having sensation and being alive. " ARISTOTLE, POLITICS bk. 7, ch. 6 at 294 (T. A. Sinclair trans. 1962) (325 B. C. or thereabouts). "In the case of male children the first movement usually occurs on the right-hand side of the womb and about the fortieth day, but if the child be a female then on the left-hand side and about the ninetieth day. However, we must by no means assume this to be an accurate statement of fact, for there are many exceptions, in which the movement is manifested on the right-hand side though a female child be coming, and on the left-hand side though the infant be a male.
And in short, these and all suchlike phenomena are usually subject to differences that may be summed up as differences of degree. " ARISTOTLE, HISTORY OF ANIMALS bk. 7, part 3. "If one strikes a pregnant woman or gives her poison in order to procure an abortion, if the foetus is already formed or quickened, especially if it is quickened, he commits homicide. " Henry Brandon, 2 On The Laws and Customs of England, 341 (S. E. Thorne trans. , George E. Woodbine ed. 1968) (1250 A. D.
or thereabouts). "The third party killing of a fetus with malice aforethought is murder... as long as the state can show that the fetus has progressed beyond the embryonic stage of seven to eight weeks." People v. Davis, 7 Cal. 4 th 797, 814, 30 Cal. Rptr. 2 d 50, 61, 872 P. 2 d 591, 602 (1994) ). # 10) "The [Roe v. Wade] opinion's author, Justice Harry A. Blackmun, said in one internal court memo that he was drawing 'arbitrary' lines about the times during pregnancy when a woman could legally receive an abortion.
In another memo, Justice Potter Stewart, who joined the Blackmun opinion, said the determination in the opinion about these lines was 'legislative. '" Bob Woodward, The Abortion Papers, Washington Post, January 22, 1989 at D 1 (emphasis added). # 11) "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives. " U. S. Constitution, Art. 1, Sec. 1. # 12) "A bill in Congress that would ban most restrictions on abortion is virtually dead... Proponents have argued that the act would codify Roe vs. Wade... " Freedom of Choice Act Stalls, Chicago Sun Times, March 21, 1994 at 18. # 13) "Constitutional protection of the woman's decision to terminate her pregnancy derives from the Due Process Clause of the Fourteenth Amendment.
It declares that no State shall 'deprive any person of life, liberty, or property, without due process of law. '" Planned Parenthood v. Casey, 505 U. S. 833, 846 (1992). # 14) "I have not yet adequately expressed the more than anxiety that I feel at the ever increasing scope given to the Fourteenth Amendment in cutting down what I believe to be the constitutional rights of the States. As the decisions now stand I see hardly any limit but the sky to the invalidating of those rights if they happen to strike a majority of this Court as for any reason undesirable. " Baldwin v. State of Missouri, 281 U. S. 586, 595 (1930) (Holmes, J. , dissenting). # 15) "We are to construe this phrase in the fourteenth amendment by the usu's loquendi of the constitution itself.
The same words are contained in the fifth amendment... The conclusion is... irresistible, that when the same phrase was employed in the fourteenth amendment to restrain the action of the states, it was used in the same sense and with no greater extent... " Hurtado v. California, 110 U. S. 516, 534 - 535 (1884). This has always been common ground. "'Due process of law, ' within the meaning of the national constitution, does not import one thing with reference to the powers of the states and another with reference to the powers of the general government. " Id.
at 541 (Harlan, J. , dissenting). # 16) "The words, 'due process of law, ' were undoubtedly intended to convey the same meaning as the words, 'by the law of the land, ' in Magna Charta. Lord Coke, in his commentary on those words, (2 Inst. 50, ) says they mean due process of law. " Murray v. Hoboken Land, 59 U. S. (18 How. ) 272, 276 (1855) (emphasis added). "Magna Carta does not contain any one provision for the security of those rights, respecting which the people of America are most alarmed.
The freedom of the press and rights of conscience... are unguarded in the British Constitution. " James Madison, Cong. Register, I, 423 - 37 (1789) (speech introducing the Bill of Rights). # 17) "It were endless to enumerate all the affirmative acts of parliament wherein justice is directed to be done according to the law of the land: and what that law is, every subject knows; or may know if he pleases: for it depends not upon the arbitrary will of any judge; but is permanent, fixed, and unchangeable, unles...
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Research essay sample on Left Hand Side Process Of Law
