The inexistence of a fundamental right to dispose of our body parts : an argument for a perfectionist interpretation of the U. S. Constitution

Écrit par: 
Rubrique: 
Année: 
2017
Sous-titre: 

There is no country in the world where debates on constitutional interpretation are as passionate as in the United States. While an originalist approach would find an unenumerated fundamental right in the Constitution only if it is “deeply rooted in this Nation’s history and traditions”, the opposite approach would often find this right if it is inherent in the concept of liberty under the due process clause. The recognition of such rights is even tougher when it deals with controversial moral issues, such as same-sex marriage or disposition of our body parts. The question is always the same: on what ground such controversial rights should be justified? Freedom to choose? Or moral goods? Or both? The following developments will investigate the constitutionality of the federal ban of organs sales by looking for the existence on an eventual right to dispose of our body parts and especially to sell them.