In this, it is generally accepted by the scientific community that the fetus can do all of these things. Furthermore, the fetus has a heartbeat and detectable brain waves as early as six weeks into the pregnancy.
As such, Petitioner submits for the record that the fetus is (scientifically speaking) not simply part of a woman's body, but an actual
COUNT 2: RIGHTS OF THE STATESOn the question of abortion, the Constitution says nothing about whether or not regulation of such is within the powers of federal government.
However,
Article I Section 14 of the document says this:
The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage those natural rights and liberties herein unlisted.
Plaintiff believes the content of this section to be similar in meaning to that of the Tenth Amendment to the Constitution of the United States:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
To clarify, the Tenth Amendment explains that there are certain powers not mentioned by the Constitution that it has not specifically given to the federal government. In general, these powers belong to each individual state, and the people of said individual states.
As the Atlasian Constitution has not specifically mentioned the power to regulate abortion as a power of the federal government, Petitioner believes that it has implicitly delegated that power to the individual states.
Therefore, it is argued that
it is not within the scope of the federal government's powers to regulate abortion, as this bill would obviously do.
If it is the intent and desire of the Atlasian Senate to do as such, that may be accomplished via an amendment to the Constitution, as is admittedly proper from time to time. However, the separation of powers doctrine and legislative process must be observed.
SUMMARY OF ARGUMENTS; RELIEF REQUESTEDIn
Count 1, Plaintiff argues that the bill in question violates basic Constitutional law and principles on the protection of life, including as provided in Article I Section 5.
In
Count 2, Plaintiff argues that the Constitution implicitly grants certain rights to the states (apart from the federal government and union). One of these rights is the right for state governments to regulate abortion as they feel is necessary. As such, Plaintiff contends, the specific language of the bill giving the federal government authority over this issue, as well as the bill in general, violates Article I Section 14 of the Atlasian Constitution.
WHEREFORE, Plaintiff prays for relief as follows:
(1) That this Court declares that the
Right To Choose Act as written violates Article I Section 5 of the Atlasian Constitution: or, failing that, this Court declares that the Act violates Article I Section 14 of such Constitution;
(2) That this Court strikes down the Act as being unconstitutional; and
(3) For such other and further relief as this Court deems proper.
Filed on May 30, 2023. Source: Lumen Learning. “The Characteristics of Life.”
Biology for Majors I,
courses.lumenlearning.com/suny-wmopen-biology1/chapter/the-characteristics-of-life. Accessed 30 May 2023.