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To: MeanWestTexan
Abortion does not involve the State taking a life, so the 5th Amendment does not apply. Think of it this way: it is not "unconstitutional" for a robber to shoot a store clerk, even though the poor clerk is being deprived of life without any sort of due process.

The issue of whether Roe v. Wade is good law has nothing whatsoever to do with religion and never has. The issue of abortion can certainly be argued on religious grounds, but it has never been necessary to resort to religious argument to argue the legal issue.

The question is: Does the Constitution prohibit the state governments from making abortion illegal? In other words, is there a Constitutionally protected right to have an abortion which cannot be abridged by state (or federal) law?

The correct answer is (or should be): Such a right does not exist in the Constitution. It is not in there. I checked. Read the whole thing. Not in there.

Roe v. Wade holds that the Bill of Rights (the first 10 Amendments) taken as a whole, create a "penumbra" (or emanation) of other, non-defined rights such as a right to privacy from state intrusion in a personal decision such as abortion--and Voila!-- no state can prohibit abortion. It is really just mumbo-jumbo concocted for the convenience of liberal, activist judges to impose social policy.

14 posted on 11/18/2008 1:23:59 PM PST by San Jacinto
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To: San Jacinto

You win by framing the issue.

I think the way we frame it is “Can they prove, beyond a reasonable doubt, that a fetus is not a person?”

If the burden is not met, err on the side of caution.

It cuts the whole “it’s above my pay grade” argument right out.


15 posted on 11/18/2008 1:27:58 PM PST by MeanWestTexan (Beware of Obama's Reichstag Fire; Don't permit him to seize emergency powers.)
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To: San Jacinto

I used the “secure the blessings of Liberty for ourselves and our POSTERITY” arguement on a Moonbat. She said the Pre-Amble doesn’t really count. I said, you mean the “WE THE PEOPLE” part!

E Plebnista - Cloud William


17 posted on 11/18/2008 1:31:01 PM PST by massgopguy (I owe everything to George Bailey)
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To: San Jacinto

“Abortion does not involve the State taking a life, so the 5th Amendment does not apply.”

If done on the taxpayers dime.....


18 posted on 11/18/2008 1:32:14 PM PST by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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