Posted on 03/20/2013 8:32:36 AM PDT by EXCH54FE
Senator and CPAC straw poll winner Rand Paul (R-KY) introduced the Life at Conception Act on Thursday afternoon. He then went to Twitter and tweeted the following:
According to Senator Paul, S 583 does not amend or interpret the Constitution, but simply relies on the 14th Amendment, which specifically authorizes Congress to enforce its provisions.
From Section 1 of the 14th Amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Life at Conception Act legislatively declares what most Americans believe and what science has long known- that human life begins at the moment of conception, and therefore is entitled to legal protection from that point forward, Sen. Paul said. The right to life is guaranteed to all Americans in the Declaration of Independence and ensuring this is upheld is the Constitutional duty of all Members of Congress.
The substance of the bill reads,
To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress power under article I, section 8, to make necessary and proper laws, and Congress power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child.
(Excerpt) Read more at freedomoutpost.com ...
The Fifth Amendment also supports this: “...nor shall any person be deprived of life, liberty, or property without due process of law.”
While I appreciate what Senator Paul is trying to do, although Section 1 of 14A defined general citizenship, it did not introduce new rights for all citizens, so no rights for the unborn imo. What Section 1 did was to extend the scope of enumerated personal rights protected by the Constitution to the states and insured equal applicaton of laws. Section 1 also gave Congress the power to legislatively force the states to comply with constitutionally enumerated rights.
And although I'm dissapointed with the wording of Sec. 1 where unborn children are concerned in the context of today's issues, I've noted a likely reason why Bingham didn't foresee the need to protect unborn children as follows.
Consider that the reason that citizens, mostly rural pioneering families in the 19th century, had many children is this. It was commonly expected that some children would not survive to adulthood. So prohibiting abortion was probably Bingham's least concern when he led the drafting of Section 1 of 14A.
As a side note concerning activist justices wrongly finding so-called abortion rights in the 9th Amendment in Roe ve Wade imo, then applying such rights to the states via 14A, please consider this. Not only does Bingham's wording of Section 1 of 14A, along with his clarification in the congressional record concerning this issue, clearly indicate that 14A applies only enumerated constitutional rights to the states, but also note the following.
Bingham had read only the first eight amendments to the Constitution to the HoR, ignoring the 9th Amendment, as examples of constitutional statutes containing constitutional priviledges and immunities which 14A applied to the states.
"Mr. Speaker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States. Those first eight amendments are as follows: " --John Bingham, Congressional Globe, 1871. (See top half of second column.)
Bingham's ommission of the 9th Amendment is further evidence, imo, that Bingham had intended for 14A to apply only enumerated personal rights to the states, as opposed to activist justices putting on their "magic glasses" to subjectively read abortion rights into 9A and then applying this so-called right to the states via 14A.
Again, i think that the reason that the first sentence was edited out of the excerpt from Section 1 of 14A in the referenced article is the following. Sen. Paul is essentially inadvertently(?) pretending that his proposed Life at Conception Act is simultaneously a constitutionally enumerated right and also its own 14A-based congressional remedy to the infringement of this "enumerated" right.
It doesn't define life either. Some things are self-evident.
Buuuump!
Oh, the leftist media won’t have to tear him down. We’ll do that all on our own.
At least he wants to *really* secure the border.
Reagan did it. Are we going to keep slaughtering the 90% conservatives on the alter of perfection?
I am really, really sick of watching good conservatives being eaten by their own and being forced to vote for a RINO.
That’s right! Forget liberty and personal responsibility! /s
I also agree with him on everything else. I’m also happy that he wants to secure the border.
I can let ONE issue slide to save this country.
We are NEVER going to get the perfect candidate that ALL of us agree with 100%. (Heck, I don’t agree with most FReepers 100%) If we do, he’ll be slaughtered in the general election by the media and the left.
There’s just no place for it in modern America! ;-]
Barack Obama argued that we should leave the survivors of the HEINOUS crime left in a hamper to die slowly.
“the left has a losing argument”
yep, noticed that in the last 40 years and the last 2 elections myself.
//sarc
Good point!
However, it remains that Section 1 of 14A, because of its inclusion of the word "born," indirectly defines people as those who have already been born. This minimally gives activist justices a license to strike down the Life at Conception Act if they choose to do so.
This is also why I've been arguing that activist justices wrongly ignored that abortion is not constitutionally enumerated right when they subjectivel found abortion rights in 9A and applied it to states via 14A.
Sen. Paul actually needs a constitutional amendment to do what he's trying to do with his Life at Conception Act imo.
I agree that some things are self-evident. But activist justices will predictably ignore their God-given respect for life.
If the possible opinions of activist Justices is the concern then there is no point in fighting for the Republic at all. It’s over.
I respectfully disagree. The basic reason that activist justices are getting away with tearing the Constitution to pieces, imo, is because many flag-waving patriots evidently haven't bothered to read it for themeselves. This is why it's so important to reconnect Constitution-ignorant patriots, including Obama supporters, with the Constitution and its history, particularly the Founding States' division of federal and state government powers.
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