Constitutional Tragedy in Dying: Responses to Some Common Arguments Against the Constitutional Right to Die

Authors

James E. Flemming, Associate Professor of Law, Fordham University. Ph.D. 1988, Princeton University; J.D. 1985, Harvard University; A.B. 1977, University of Missouri.

Abstract

The author first explains that he will argue for the constitutional right to die, including the right of terminally ill persons to physician-assisted suicide. It would be a constitutional tragedy otherwise because it would entail that the Constitutional sanctions a horrible form of tyranny and that the Constitution allows citizens to author their own tragic endings. In the final part of the essay, the author responds to some common arguments against the constitutional right to physician-assisted suicide. While there may be some merits to the opposition arguments, none provides a good constitutional argument against recognizing a right to die. In addition, procedural safeguards can be employed to address any other substantive problem.

Recommended Citation

James E. Flemming, Constitutional Tragedy in Dying: Responses to Some Common Arguments Against the Constitutional Right to Die, 24 Fordham Urb. L.J. 881 (1997).
Available at: https://ir.lawnet.fordham.edu/ulj/vol24/iss4/17