Tat. and Daynes, Abortion

I HAVE POSTED THE POWER POINT PRESENTATIONS HERE . MUCH IS THE SAME AS THE STUDY GUIDE BUT WITH A FEW DIFFERENCES TO NOTE.

1. Framing the issue: (The importance of symbolic politics.) That is,   What is the best way to express the issue for political reasons?
    --pro-abortion/pro-choice cf anti-abortion/pro-life
    --D and E or "partial birth abortion"

2. Values: What are the values involved in the debate?
   --Which of the values refer to:

        (a) constitutional values

“ the Constitution must be understood not as a list of discrete rules but as a charter of principle to be enforced and interpreted as a coherent system. That view of the constitution entails two central judicial responsibilities. First, judges must decide particular cases in the light of general principles they can responsibly assign to the text of the abstract clauses of the Constitution, and they must respect those principles even when the decisions the principles dictate are controversial or unpopular.”
 

 

        (b) social values (i.e., what is best for the sake of the community

        (c) personal values, i.e., affecting one's person-- (may be religious, philosophical, inbred through socialization, etc.)

        (d) political ideology, i.e., ideas on how politics should operate, such as the idea that government should not intervene in social matters, or, the opposite, that government should play a role in the moral life of its citizens -- state's rights and the belief that states should handle social matters and not states is also an example of a political ideology influencing the values held

        --Some possibilities here re: abortion :--reproductive privacy, bodily integrity, self-actualization, promote homemaking, save from harm to self (pro and con arguments), mental (mental and physical), fetus as part of the body, "life" (what , when  and whose), liberty, privacy, speech and assembly-- note which sides of the issue for each of these as well as how some can be used on either side depending on the line of reasoning

    --NOTE the conflict of rights (in this case concerning abortion) and the challenge of how to decide. Seldom is it the case that one has a clear answer as to which right should prevail, thus the strong role of the courts and the difficulty of the debates

    --Any room for consensus? -- In some cases this is easier than others. What kind of consensus can be sought concerning the abortion issue? 

3. History:
 

    --time of quickening and common law -- know these terms
    --1790-1870: visibility of abortion
    --AMA (know who this is) vs. non-therapeutic abortions
    --mid-19th state laws
    --Comstock Act and mails (interstate commerce) (note how the federal government acquires authority through a variety of paths)

4. Interest Groups:

    --National  Abortion Rights Action League, NOW, ACLU, Religious Coalition for Reproductive Choice, Christian Coalition, National Conf. of Catholic Bishops, medical pro-life and pro-choice groups, National Right to Life Comm., Operation Rescue    --note difference between single-issue groups and multi-issue groups

    -- --tactics of interest groups:
            --amicus curiae
            --elections/money and votes
            --blockades
            --violence (only a handful of persons)
            --education: talk shows, newspapers, lectures
 
 

5. Court Cases: Note basic aspects of the court's decisions. You not know all the facts of the case but seek to gain insight into how the court is deciding fine line issues and what these decisions are. You need not learn all the cases referred to in the text. However, pay special attention and learn those below.

    --Roe v. Wade 1973 -- trimesters/ from state to federal focus -- This is the key case!
    --Griswold v. Conn. -- 1965: 1st, 3rd,4th, 5th 9th, pp. 7-8
    --City of Akron v. Akron…. 1983, p. 9.
    --Webster v. Reproductive Health Services 1989
    --note 7 "5-4" decisions 1972-1994
    --What is the role of presidential appointments? --note p. 14 and Sup. Ct. votes re: voting groups -- Is the court an impartial arbitrator with impartial judges or a political body with determined position prior to the cases? 
 

    --elements of courts' decisions/ questions raised and answered: Note how courts have answered the following:

        --parental consent?
        --where performed?
        --life of mother?
        --public funding?
        --public funding counseling?
        --strict scrutiny cf unduly burdensome standards
        --rape?
        --incest?
        --human life begins when, how known?
        --doctors and must give antiabortion lit.?
        --waiting period?
        --spousal consent?
        --disposing of fetal tissue?
        --blocking clinics?
 
 
 

  6. President -- Does it make a difference?

    --Dem. Party/Rep. Party positions. Can you guess which way candidates may go given their party preferences?
        --executive orders: These are less visible means for affecting policies. Note especially re: abortion:
             --gag rule
             --RU 486
             --fetal tissue research
             --ban on private funded abortions in military hosp.s
            --US aid to international family programs re counseling and abortions
            --screening of cabinet employees, e.g., Secy. Health and Human Services

7. Congress: What actions taken by Congress?

     --Hyde Amendment 1981
     --legislative riders -- note this tactic
    --federal funds for abortion?
    --military hospitals and abortions?
    --federal health benefits for abortions?
    --criminalized blockades?
    --D&E? status of such legislation?

8. Role of states:

     --"refederalized" with Webster -- What does this mean?
     --fed requires states to pay re: if abortion deemed necessary for  life-saving or if rape or incest
     --15 states and publicly funded for low-income
common?

9. Public opinion -- see esp. pp. 14-18

    --note importance of how questions framed with regard to public opinion responses --see Table 1.3, p. 15
    --note impact on elections and how one votes

 

Framing the issue

What is it?

definition and examples

a form of symbolic politics

tactic of political communication

Does it work?

What Values Involved?

a. constitutional

--right to liberty

--privacy

--right to life [whose/definition of]

--national or federal issue [i.e., leave to states]?

--protest and free speech cf police power and peace and order

b. social

--community order

--the rich can obtain but the poor cannot [class impact]

--community morality or individual

--promote homemaking

c. personal values

--what is life

--what is personal moral imperative

--what control over one’s own life

--moral choices

--protect from harm

--economic and other life choices

--self-actualization

d. political ideological

--what is role of government re: moral issues?

--community prohibitions vs individual freedom to choose

--government to enforce community moral codes

What Conflict of Values?

life vs life [definitions and also when medically a challenge to both, e.g. D&E issues]

choice vs. fetus re: "liberty"

if fetus defined as "life" at conception then more problematic

Any Room for Consensus?

--How do we listen to "the other" and seek to understand in order to arrive at at least an "acceptable" policy position?

History:

time of quickening and common law -- know these terms

1790-1870: visibility of abortion

AMA (know who this is) vs. non-therapeutic abortions

 mid-19th state laws

 Comstock Act and mails (interstate commerce) (note how the federal government acquires authority through a variety of paths)

Interest Groups:

National  Abortion Rights Action League, NOW, ACLU, Religious Coalition for Reproductive Choice, Christian Coalition, National Conf. of Catholic Bishops, medical pro-life and pro-choice groups, National Right to Life Comm., Operation Rescue    --note difference between single-issue groups and multi-issue groups

tactics of interest groups:
            --amicus curiae
            --elections/money and votes
            --blockades
            --violence (only a handful of persons)
            --education: talk shows, newspapers, lectures

Court Cases: Note basic aspects of the court's decisions. You need not know all the facts of the cases but seek to gain insight into how the court is deciding fine line issues and what these decisions are. You need not learn all the cases referred to in the text. However, pay special attention and learn those below.

Griswold v. Conn. -- 1965: 1st, 3rd,4th, 5th 9th amendments – pp. 7-8

Roe v. Wade 1973 -- trimesters/ from state to federal focus -- This is the key case!

City of Akron v. Akron. 1983, p. 9.

Webster v. Reproductive Health Services 1989

[cont.]

Planned Parenthood v. Casey 1992

note 7 "5-4" decisions 1972-1994

What is the role of presidential appointments? --note p. 14 and Sup. Ct. votes re: voting groups -- Is the court an impartial arbitrator with impartial judges or a political body with determined position prior to the cases?


elements of courts' decisions/ questions raised and answered: Note how courts have answered the following:

parental consent?

where performed?

life of mother?

public funding?

public funding counseling?

strict scrutiny cf unduly burdensome standards
      

rape?

incest?

human life begins when, how known?

doctors and must give antiabortion lit.?

waiting period?

spousal consent?

blocking clinics?

D&E procedure?

President

Does it make a difference?

Dem. Party/Rep. Party positions. Can you guess which way candidates may go given their party preferences?

executive orders: These are less visible means for affecting policies. Note especially re: abortion:
             --gag rule
             --RU 486
             --fetal tissue research
             --ban on private funded abortions in military hosp.s
            --US aid to international family programs re counseling and abortions
            --screening of cabinet employees, e.g., Secy. Health and Human Services

Congress: What actions taken by Congress?

Hyde Amendment 1981

legislative riders -- note this tactic re: various policy issues

federal funds for abortion?

military hospitals and abortions?

federal health benefits for abortions?

criminalized blockades?

D&E?

Role of states:

"refederalized" with Webster -- What does this mean?
fed requires states to pay re: if abortion deemed necessary for  life-saving or if rape or incest
15 states and publicly funded for low-income
common?

Public opinion -- see esp. pp. 14-18

note importance of how questions framed with regard to public opinion responses --see Table 1.3, p. 15

note impact on elections and how one votes