Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jim Robinson
Abortion is, in of itself, an atrocity. The benefit of this is that it makes it far more difficult for people to remain blasé about it.

But I, for one, think that there is one thing more important for Congress to do: to tack an amendment on the next "must-pass" appropriation bill that states:

For the purposes of the law within the United States, the definition of "personhood" is extended to include all human beings from the moment of fertilization. In accordance with the Article 3, Section 2 of the US Constitution, this definition is not subject to judicial review.

Article 3 Section 2 says, in part:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Why would this be important?

Take a look at the actual text of the Roe v Wade decision:

A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, [p157] for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. [n51] On the other hand, the appellee conceded on reargument [n52] that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3; [n53] in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1, cl. 5; in the Extradition provisions, Art. IV, § 2, cl. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only post-natally. None indicates, with any assurance, that it has any possible pre-natal application. [n54] [p158]

All this, together with our observation, supra, that, throughout the major portion of the 19th century, prevailing legal abortion practices were far freer than they are today, persuades us that the word "person," as used in the Fourteenth Amendment, does not include the unborn.

It seems that if a definition of "person" was legally expanded to include the unborn, it would cut Roe v Wade off at the knees.

Then the funding of PP would be a moot point as any attempt to deprive a person of life without due process would be a violation of that person's rights.

63 posted on 08/04/2015 3:29:59 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: markomalley

Abortion is the greatest abuse of human rights in the world....


80 posted on 08/04/2015 11:38:28 PM PDT by caww
[ Post Reply | Private Reply | To 63 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson