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My Proposal for dealing with Abortion Issue.
self ^ | 7/6/18 | BRL

Posted on 07/06/2018 4:40:06 AM PDT by BRL

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To: BRL

No! You’d effectively ensconce abortion as a “right” by adding it to the Constitution.

Revert to a before-Roe position, where states would have the decision. But there would need to be some federal restriction to keep from funding it in any way.


41 posted on 07/06/2018 8:17:47 AM PDT by fwdude (History has no 'sides;' you're thinking of geometry.)
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To: irishjuggler

You bring up a good point, and food for thought.

If strict federalism were applied, could states do ANYTHING that they wanted to? Could they then legalize infanticide, up to 1 year old? On what basis could the federal government ban that?

Not suggesting this, but just looking at the extreme logical conclusion to that mindset.


42 posted on 07/06/2018 8:21:42 AM PDT by fwdude (History has no 'sides;' you're thinking of geometry.)
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To: BRL

How about:

“Every Human from the moment of Conception shall be considered a Human and be protected with all guarantees granted in the Constitution, up to and including Capital Murder prosecution for all parties participating in the termination of a human fetus.”


43 posted on 07/06/2018 8:29:49 AM PDT by Blue House Sue
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To: BRL
No.

Fifth amendment violation.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Do you see anything in there that says, unless you are less then 13 weeks past conception in which case we can kill you for any and all reasons?

No?

Ok.

No.

44 posted on 07/06/2018 8:33:09 AM PDT by Harmless Teddy Bear ( Bunnies, bunnies, it must be bunnies!! Or maybe midgets....)
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To: fwdude
If strict federalism were applied, could states do ANYTHING that they wanted to? Could they then legalize infanticide, up to 1 year old? On what basis could the federal government ban that?

I don't believe so. If a state were to deprive an infant of life without due process, it would run afoul of the 14th amendment. So, no, a state couldn't legalize infanticide. The originalist view proffered by Scalia et al is that 14th amendment protections weren't intended to apply to fetuses, so this is an issue for the states to work out. Personally, I'd be in favor of an 'activist' anti-Roe that recognized a right to life of the unborn and extended 14th amendment protections thereto. The problems with that are: (1) Not sure we'll ever have 5 votes for the approach. If even Scalia & Rehnquist wouldn't go that far, not sure we can hope for that from Gorsuch, Alito et al. (2) The politics of it would be difficult. Abortion-loving states like CA & NY would raise holy hell.
45 posted on 07/06/2018 8:36:00 AM PDT by irishjuggler
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To: BRL

KEEP FAMILIES TOGETHER! BAN ABORTION!

Use the Dems’ slogan against them. Alinsky Rule #4.


46 posted on 07/06/2018 8:37:04 AM PDT by nanetteclaret (The Fourth Estate is the Fifth Column)
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To: BRL

Google “how to amend constitution”

You don’t understand how it works.


47 posted on 07/06/2018 12:52:49 PM PDT by CarmichaelPatriot
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To: BRL

I do not get the importance of the ‘36’ number of States in your amendment proposal???

What relevance does it have to do with the Amendment process?

dvwjr


48 posted on 07/06/2018 1:28:43 PM PDT by dvwjr
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To: CarmichaelPatriot

The republicans would vote for it at the federal level to get the 2/3. Then the states wrestle with it for say 7 years. That takes it off the table for republicans to have to defend “stealing women’s rights” in the upcoming years. Remember ...binders full of women.... Launched the whole war on women thing. The left and the media are going to grab this and try to win elections by claiming that republicans hate women. The result will be they win, we lose, and abortion remain intact.


49 posted on 07/06/2018 1:28:59 PM PDT by BRL
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To: dvwjr

It is not 36 states but rather 38 states. After the constitutional amendment is passed by congress then 38 states must agree before it is an official amendment.


50 posted on 07/06/2018 1:34:54 PM PDT by BRL
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To: BRL

And if 38 states want abortion they will get it. And they will get it on the corpse of the conservative movement.


51 posted on 07/06/2018 1:36:23 PM PDT by BRL
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To: BRL

When did the Republicans get a 2/3rd majority of the House and the Senate?


52 posted on 07/06/2018 3:16:45 PM PDT by CarmichaelPatriot
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To: CarmichaelPatriot

The republicans get the democrats to go along to get the 2/3. If the democrats do not go along then they are blocking the idea of making abortion constitutional. Even let the dems write the amendment.


53 posted on 07/06/2018 3:37:05 PM PDT by BRL
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To: BRL

Yes, my point exactly - my Jr High school civics classes did indicate that three-fourths of the several States must ratify any proposed Amendment before it may be incorporated into the Constitution...

I wondered out loud where the ‘36’ number had come from.

dvwjr


54 posted on 07/06/2018 6:39:06 PM PDT by dvwjr
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To: BRL

That you’re an ass.


55 posted on 07/06/2018 6:41:51 PM PDT by steve86 (Prophecies of Maelmhaedhoc O'Morgair (Latin form: Malachy))
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To: BRL

The Dems don’t solve problems. They either create them or just complain about them to raise funds and/or votes.

Nice idea, but won’t happen.


56 posted on 07/06/2018 7:40:23 PM PDT by CarmichaelPatriot
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