The aim of the Roe v. Wade paper is to present the arguments of the Court majority in Roe and refute them persuasively, using the information and evidence you have gleaned in your readings, exterior sources, appeals to the Natural Law, and logic.
What we want to see is not only that you understand the case, but also how and why the Court majority was wrong legally and constitutionally in its decision.
(While it is important, we do not need to see more than passing discussion of the Doe case in this paper, if any, as expansive discussion of Doe is beyond the scope of this assignment. That is not to say you cannot reference or discuss Doe in your discussion of Roe. You can. However, the focus should specifically be presenting and refuting the numerous errors made in the majority opinion of Roe.)
Recommended out line
Introduction (your approach): The maturity of what you say here matters
immensely as to whether your reader will bother listening to the rest of what you have to
say. Do not assume your reader agrees with you on this issue. In fact, assume that they
do not agree. This will assist you in making convincing arguments that do not rely on
unshared assumptions.
Be sure to define your terms. Since your paper is supposed to answer the question
of the legal correctness of the Court’s decision, you should let your reader know what
your understanding of “legal correctness” is and why this understanding is both proper
to the topic and authentic.
On an issue as sensitive as this one, an academic and scholarly approach will
probably work best. While introducing your topic, its difficulties, and its importance, avoid
shrill accusations and assertions, and details irrelevant to the actual argument. State in
general terms the research involved in your investigation and the conclusions to which it
has led you.
Thesis: The Supreme Court’s ruling in Roe v. Wade was incorrect legally and
constitutionally.
Body:
Discuss on General History of Abortion in Ancient History
a. Summary of the Court’s arguments on the issue
b. Historical Evidence
a. Was all historical evidence cited by the Court interpreted
correctly?
Suggested Outline
4/7/22, 11:09 AM Suggested Outline – American Government (18A)
https://setononline.com/d2l/le/content/11621/viewContent/10582/View 2/3
a. An explanation of the historical evidence in question and
its relevance to the case.
b. Was the Supreme Court’s interpretation valid? Why or
why not?
b. Was all pertinent historical evidence cited by the Court?
a. Was historical evidence overlooked? What evidence?
What does this evidence reveal about the case?
b. How might this evidence have changed the outcome of
the case?
c. Conclusion: Does historical evidence actually support the child’s right to
life?
2. Legal Precedent of Abortion (can discuss Common Law and/or American Case
Law/legislation)
a. Summary of the Court’s arguments on the issue
b. B. Case(s) that (1) were, or (2) should have been included in the
arguments
a. Case(s) misinterpreted by the Supreme Court?
a. An explanation of the case(s) (What was the case
about? When? How was the case decided? How did the
Supreme Court interpret this decision?)
b. Was the Supreme Court’s interpretation valid? Why or
why not?
b. Case(s) overlooked or ignored by the Supreme Court?
a. An explanation of the case(s) (What was the case
about? When? How was the case decided? How did the
Supreme Court interpret this decision?)
b. Why might Court have decided differently if they had
considered said case(s)?
c. Conclusion: Does legal precedence actually support the child’s right to
life?
3. The Constitution and the 14th Amendment
a. Summary of the Court’s arguments in these areas (personhood and
privacy)
b. Were there factors that make their arguments and conclusions legally
dubious?
c. Were there factors that make the opposing conclusion probable?
4. Natural Law
a. Does the Court make an argument using the Natural Law with respect to
abortion? If so, what does the Court say?
4/7/22, 11:09 AM Suggested Outline – American Government (18A)
https://setononline.com/d2l/le/content/11621/viewContent/10582/View 3/3
b. What arguments and conclusions does Natural Law provide on this
issue?
c. How was the Court’s treatment of Natural Law conclusive or
inconclusive in this case?
Conclusion: A reiteration of your thesis, research, conclusions, and the importance
of these conclusions. You want to leave the reader convinced that things you have been
saying were reasonable, well-argued, and worthwhile.
Final Note: Notice that in the outline, each major part begins with a presentation of
the Supreme Court’s argument. The only way to have a convincing argument is to be
sure that you first understand, and put in the best light possible, your opponent’s
position. This is the way St. Thomas Aquinas wrote his entire Summa Theologica, often
creating better arguments for his opponents’ position than even the ones they had
derived, before refuting them. If you are arguing against a severely weakened or
misinterpreted form of your opponent’s position, then your own argument against it will
proportionally carry less weight.
