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The First 100 Ways Ending "Legal" Abortion
Vision Forum Ministries ^ | January 21, 2003 | Herbert W. Titus, J.D.

Posted on 10/24/2004 3:30:47 PM PDT by Ed Current

Pro aborts say that they want abortion to be "safe, legal, and rare." Pro-lifers vehemently disagree.

Abortion, pro-lifers say, can never be safe, certainly not to the child. Nor, they claim, are they safe for the mother, citing the growing literature, demonstrating that even the so-called "medically safe" abortion is dangerous to the mother.

Abortion, they vigorously contend, cannot be legal. It is, they assert, murder and contrary to the nation's charter commitment that all human beings are equal and entitled to the inalienable right to life. No court and no legislature can change that.

Finally, abortion, they state, will never be rare, so long as it is promoted as a constitutional right. They maintain that women will never be deterred from killing "unwanted" children unless and until abortion is once again condemned by civil society as a morally reprehensible homicide.

Without question, such pro-life rhetoric is principled and powerful. For too long, however, pro-life strategies to restore legal protection for the pre-born child have been pragmatic and anemic. Sadly, their proposals for action have too often matched the pro-abortion slogan that abortion should be "safe, legal, and rare."

Since Roe v. Wade, the dominant pro-life strategy at the state and local level has been to limit, not prohibit, abortion. To this day, pro-life advocates continue to promote such laws as requiring parental consent before a minor may get an abortion, a 24-hour waiting period, and informed consent. Such proposals concede that abortions are legal, but should be limited so as to make them safer and rarer.

Proposals to ban abortions after the twentieth week of gestation and partial-birth abortions also concede that abortion is legal. Again, such efforts, even if successful, would only prohibit a limited number of abortions, with the possible effect of making abortion safer and rarer.

Even the proposal to prohibit all abortions except in cases of rape, incest, and threat to the life of the mother, is based on the assumption that the killing of a baby in the womb of a mother is legal, even though the baby has done nothing to deserve death. Such a compromise of the principle of the sanctity of innocent human life presupposes that abortion should remain legal, but only very safe and very rare.

In short, the pro-life forces have unwittingly adopted strategies that reinforce the opposition's rhetoric and undermine their own. As a result, there are any number of politicians who qualify as pro-life so long as they support any measure, no matter how modest, limiting a woman's right to an abortion.

This must end. If it does not, then innocent human life in the wombs of American mothers will never again be protected. Rather, abortion will remain almost unlimited. And the holocaust will continue, notwithstanding the pro-life protests that the taking of innocent human life should never be sanctioned by a civil society, no matter how safe nor how rare.

What kind of pro-life strategy ought to be adopted that is consistent with pro-life principles and that has a realistic possibility of success- To map out such a strategy, one must first address two preliminary questions.

First, what is the constitutional framework within which the issue should be resolved- Second, what law defines personhood, and does that definition include a child in the womb of the mother?

Constitution

Since Roe v. Wade, pro-life strategies have been based upon the premise that the Supreme Court's opinion in that case is the Supreme Law of the Land. Therefore, short of a constitutional amendment or Court reversal, it has been assumed that federal, state, and local officials - executive, legislative, and judicial - must conform their actions concerning abortion to rules handed down by the courts.

This working premise is erroneous. It is both unwise and unconstitutional.

Article VI of the United States Constitution states that three things are the Supreme Law of the Land: "This Constitution ... the laws of the United States ... made in pursuance thereof; and all treaties ... made under the authority of the United States." Conspicuously absent from this list is a court opinion.

At the time that the Constitution was written, it was universally understood that court opinions were not laws. Therefore, under no circumstances could it be contended that federal court opinions are "the laws of the United States" within the meaning of Article VI.

Nor can it be maintained that a court opinion, even an opinion rendered by the Supreme Court, determines what the Constitution means. Again, at the time that the Constitution was written, it was universally understood that a court opinion interpreting a provision of the Constitution was not equivalent, either in design or effect, to that constitutional provision.

To the contrary, the Supreme Court itself, when exercising the power of judicial review, acknowledged that the Constitution governed the court, not vice versa. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 179-80 (1803). Thus, the Constitution is not what the Supreme Court says it is. Rather, the Constitution is what the Constitution says it is.

Accordingly, when Article VI of the Constitution states that all federal, state, and local officials executive, legislative, and judicial, "shall be bound by oath or affirmation to support this Constitution," it means that those officials are duty bound to support the Constitution as it is written, not as it has been construed by the United States Supreme Court.

This does not mean that a civil government official may defy a court order rendered by the United States Supreme Court in a case in which that official was a party. It does mean, however, that a state or local official who is not a party has the duty and the power to act according to the constitutional text, even when the action taken is inconsistent with a court opinion interpreting that text.

In addition, under the doctrine of separation of powers, the Supreme Court cannot impose its view of the Constitution on Congress or upon the President. Both Congress and the President have co-equal power with the Court to apply the Constitution, and an independent duty to act according to the Constitution as they understand it, not as the Court has determined it to be.

This is the very essence of the rule of law. No human institution has the final and supreme power to determine what the law is. Otherwise, the rule of law would be reduced to the rule of those who possess such final and supreme power.

This wisdom is reflected in the checks and balances established by the Constitution, for as James Madison wrote in Federalist No. 47, "the accumulation of all powers ... in the same hands ... may be justly pronounced the very definition of tyranny."

Personhood

In Roe v. Wade, the Supreme Court decided that the Constitution does not recognize a child in the womb of a mother as a "person" entitled to the protection of the due process clause of the Fourteenth Amendment. To support this conclusion, they cited a number of constitutional provisions in which "person" can only be understood as referring to a human being who has been born. Roe v. Wade, 410, U.S. 113, 156-57 (1973).

Since Roe v. Wade, efforts to define a pre-born child as a person have assumed that the child, to be a person, must be one according to the constitutional text in order for that child to achieve the status of personhood and, thereby, to be entitled to protection against abortion.

For example, in the early 1980s, the United States Senate had before it "The Human Life Bill." This Bill defined "person" for the purposes of the due process clause of the Fourteenth Amendment in such a way as to include a human baby in the womb of a mother from the very moment of conception. See Report to the Committee on the Judiciary, United States Senate from its Subcommittee on Separation of Powers pp. 1-2 (1981).

One could argue that Congress could not have done otherwise, because it was acting pursuant to its authority under the Fourteenth Amendment which limits its power to enforcing the terms of that Amendment. Hence, any Congressional definition of person must conform to the constitutional textual meaning of that word.

But the findings contained in the Report proposing the Human Life Bill were not so confined. To the contrary, they went behind the constitutional text to the common law as reflected in the nation's founding charter, the Declaration of Independence.

That law, the Report stated, established that all human beings are legally equal. Furthermore, the Report continued, the very purpose of the Equal Protection Clause of the Fourteenth Amendment was to enforce that equality rule upon the states. Such a rule of equivalent value of all human life, the Report concluded, demanded that abortion be outlawed. Id. at 15-16.

Even though the Report drew this conclusion, it did not incorporate it into the text of the Human Life Act. Instead, it left it to the discretion of every state to decide whether to prohibit abortions, and if so, by what rules. Indeed, the Report emphasized that the Human Life Bill did not make abortions illegal, but only made it possible for state legislatures to make them illegal. Id. at 19-20.

By leaving it to the States to decide whether a child in the womb of the mother is a human being deserving the full protection of the law, the Report chose not to embrace the common law definition of personhood. That decision has plagued the pro-life movement to this day and in two distinct ways.

First, it tacitly conceded that state and local legislatures may define legal personhood in any way that they choose, notwithstanding the life principle embraced by the nation's charter. Second, it assumed that Congress has no authority to protect innocent human life in the womb of a mother if the states choose not to provide such protection. Neither of these assumptions is true.

Congress

As for Congress, the very purpose of the Equal Protection Clause was to deny to the states any power to withhold from any class of human beings the benefits and protections of the common law. As the Supreme Court observed in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 81 (1873), the Clause was specifically designed to protect former slaves who were being denied their rights to life, liberty, and property because states were not enforcing the common law on their behalf.

The Equal Protection Clause was designed to guarantee such common law protection by denying to the States any power to classify or treat any human being as anything but a legally recognized person. That is exactly what states are doing when they follow the Supreme Court's ruling in Roe v. Wade - denying to a class of human beings the protection of the common law solely on the ground that pre-born children are not persons.

Following the adoption of the Fourteenth Amendment, Congress enacted a number of criminal statutes designed to outlaw such practices. One of these statutes protects "any inhabitant" from acts "under color of any law, statute, ordinance, regulation, or custom" that "willfully" deprive him "of any rights, privileges, or immunities secured or protected by the Constitution" or of "full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens." 18 U.S.C. Section 242.

This law should be enforced by a President of the United States against abortion providers and women seeking such services, especially when those services are funded by state law or otherwise given special encouragement or protection by that law.

To be sure, such a prosecution would succeed only if there is proof that the abortion providers and women intended to deprive the pre-born child of rights secured by the Constitution or by the laws of the United States. Such proof could be provided by reference to the "rule of law" governing life in the Declaration of Independence and, thereby, meet this burden. See Screws v. United States, 325 U.S. 91, 103 (1945).

Obviously, this problem could be resolved if Congress acted by declaring that human life begins at conception and by redrafting the Human Life Bill in terms of the Equal Protection Clause. Such a Bill would make it clear that all human life is to be equally protected and that any state that does not afford such equal protection is violating the common law definition of person.

President

In addition to the enforcement of existing or future criminal statutes, the President may instruct the Attorney General to bring civil suits seeking injunctions against abortion clinics and abortion doctors on the grounds that they are public nuisances.

Such a suit would be based upon the same grounds that are set forth in the civil rights statutes set forth above.

Such a suit could very well succeed, especially if based upon evidence that the failure of states to protect the unalienable right to life imposes serious adverse consequences upon the "general welfare" of the country. In defining the general welfare in this context, emphasis should be placed upon the adverse impact that abortion has upon the national economy. Such a strategy is not unprecedented. In re Debs, 158 U.S. 564 (1895).

The President may also, under his constitutional authority to "take care that the laws be faithfully executed," refuse to spend any money appropriated by Congress for the purpose of supporting any activity that facilitates or promotes abortion. This means that the President may cut off all federal funds to such abortion promoting organizations as Planned Parenthood and to such abortion facilitating activities as fetal tissue research.

This power is available to the President even if Congress should mandate that the funds that it has appropriated must be spent. Such a mandate violates the constitutional vesting of all of the executive power in the office of the President because the very essence of executive power is the discretion not to enforce a law. See Marbury v. Madison, supra.

Finally, the President has the power to appoint only judges to the federal bench, including the United States Supreme Court, who have clearly and consistently affirmed the legal personhood of the pre-born. Indeed, his constitutional oath of office to "preserve, protect, and defend the Constitution of the United States" requires him to exercise his appointment power consistent with his understanding of the Constitution, independent of either the judicial or the legislative branches.

In fact, the President's oath of office, the only one spelled out in the Constitution, makes him the primary protector of the Constitution. Only the President is, by the constitutional text, commanded to "preserve, protect, and defend" the Constitution. All other officers are commanded by the Constitution only to "support" it.

As the nation's chief constitutional officer, the president has the duty and authority to issue a Presidential Proclamation affirming the right to life of the pre-born child and to call upon state governments to protect that right with all deliberate speed and appropriate means.

Such a Proclamation would set the stage for aggressive action at the state level to restore the laws prohibiting the taking of innocent human life from the womb to the tomb.

States

In many states, statutes prohibiting abortion remain unrepealed and available to local prosecutors to bring criminal actions against abortion providers. While such laws may very well provide for an exception to protect the life of the mother, they afford statutory authority to a prosecutor who takes seriously his duty to "support" the Constitution's high regard for the right to life.

The problem today is that state prosecutors assume that their duty to support the Constitution means obedience to Supreme Court opinions, even when they were never parties to the cases. Rightfully understood, their duty is to interpose their office between Roe v. Wade, a constitutionally erroneous opinion, and the people whose rights they are duty bound to protect.

Even in states where the statutes have been changed to conform to the Roe formula, a prosecutor may still have ample authority under the state's law and constitution to bring criminal actions against abortion promoters and providers.

In Virginia, for example, producing an abortion, except to preserve the life of a mother, remains a felony. At the same time, by statute, a physician is permitted to perform abortions according to different rules governing the first, second, and third trimesters of a woman's pregnancy.

While such a statutory scheme may pass the judicial test laid down in Roe v. Wade, it does not meet the constitutional test laid down by Article I, Section 1 of the Virginia Constitution which reads:

That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact, deprive or divest their posterity; namely the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

While the United States Constitution may not afford protection to the pre-born, this provision clearly does. And what does a state do when it fails to protect innocent life in the womb of a mother, but "divest ... posterity" of the rights of life, liberty, and property.

Virginia laws that permit the taking of the lives of pre-born children violate this constitutional principle. And where a state constitution lays down a higher standard than the United States Constitution, the state constitutional provision provides an independent and adequate state ground for a state law prohibiting abortion.

In addition, Roe v. Wade can be avoided by any state legislature that challenges its factual underpinnings. The Roe decision is based upon a number of factual assumptions that, if true in 1973, are no longer true today.

The major factual premise of Roe is that a medically safe abortion poses no significant health risks to the mother. Numerous studies since Roe have proved that assumption false. Physiological complications, including uterine perforations, excessive bleeding, and endotoxic shock, attend even the normal abortion process. Other physiological complications, such as cervical and ovarian cancer, placenta previa, pelvic inflammatory disease, appear after an abortion and are causally linked to it.

And there are numerous psychological and emotional side effects. Among the significant emotional risks are guilt and depression, suicidal ideation and sexual dysfunction. Among the psychological disorders are Posttraumatic Stress Disorder and Postabortion Syndrome.

These emotional and psychological traumas contribute to a variety of sociological impairments, including psychic numbing, substance abuse, and relationship instability. This, in turn, adversely impacts family and other intimate associations.

None of this came before the Court in Roe v. Wade. Nor did the Court have before it evidence that the medical profession does not adequately protect the interests of women who obtain abortions in clinics. Nor did it have before it the threat that permitting abortion poses to the sanctity of life generally or to the economy.

Given these glaring factual omissions, Roe v. Wade is no longer a binding legal precedent for, as the High Court itself has observed, changes in the facts upon which a court ruling rests is sufficient reason not to follow that ruling. Planned Parenthood v. Casey, 505 U.S. -, 120 L Ed 2d 674, 703-06 (1992).

Conclusion

It is time for a new pro-life strategy, one based squarely upon the principle that the taking of innocent life is never justified. Such a strategy would seize the moral and constitutional high ground in the abortion debate and has a realistic chance to succeed.



TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: abortion; saveforlater
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To: tpaine; Ed Current
Laws can be wrong. Dred Scott was bad law. A woman who became a mother has already made her choice (in the case of the 97% of non-rape abortions), just as her mother did, and her mother before that.

You are inconsistent in allowing a mother to murder her baby while prohibiting farmers from owning slaves. Both are cases of one person's whims superceding another person's life. Both have as a central pinion the notion of lesser "personhood" for the subjugated group.

Roe v. Wade is bad law. The tide is shifing. We can never undo 44 million abortions. We can, however, strive for the American ideal of liberty and justice for all, and seek to rebuild from this horrific holocaust. We can strive for cultural change than reduces the demand for abortion by living (in our personal lives) the Golden Rule.

41 posted on 10/26/2004 7:05:55 PM PDT by Lexinom ("A person's a person no matter how small" - from Dr. Seuss' Horton Hears a Who)
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To: Ed Current

Actually, TP is very intelligent, which makes the dissembling and mischaracterizations he tosses out even more egregious.


42 posted on 10/26/2004 7:07:22 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: tpaine; hiredhand
Yes. The prevalence of a given practice does not change its objective moral value. Anything other than this places us on the slippery slope of relativism, and ultimately logically leads to anarchy and despair - consistently applied, that is.

Being Americans we're remarably individualistic and selective in our morality.

43 posted on 10/26/2004 7:08:27 PM PDT by Lexinom ("A person's a person no matter how small" - from Dr. Seuss' Horton Hears a Who)
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To: MHGinTN
MHGinTN wrote:

You're out of your element, TP: --- As I've repeatedly told you, once fertilization has happened, there is no 'egg' because a new life has begun that is 46 chromosomes different from either the sperm or the ovum [egg].

And as I've repeatedly told you, no one disputes that cellular life begins at fertilization. But your claim that a fertilized egg is a person is specious.
The newly pregnant woman is a person. Her fertilized egg is nothing but a potential person, and pregnancy is a condition which she can reject. You, - and society, -- have no say in that matter, at that point.

44 posted on 10/26/2004 7:11:22 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: DUMBBLEACHEDBLONDE
..."More often than not, it is a man, parent, friend, that is making the "choice"!" ANY PROOF? - Stats, documents and references please. Sounds "L"iberal to me! Absolving the women who are carrying the child of guilt.

I have no citation, but have a personal belief that a man may influence a woman, but it is her decision, she is responsible. Dealing with an adverse male is another story.

45 posted on 10/26/2004 7:14:07 PM PDT by Henchman (Who gave KERRY entré to the VC @ Paris? T.Kennedy? McGovern? ...some"high" low D'rat probably)
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To: tpaine

"Her fertilized egg is nothing but a potential person ..." Amazing! Would you be so kind as to tell us ill-informed rabble just when the individual new life becomes a human being? As I noted, you're very far from your element, and telling lies regarding the newly conceived isn't covered by silly repostings such as you try.


46 posted on 10/26/2004 7:16:05 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Lexinom; tpaine; HiTech RedNeck; Ed Current
Ask the lab tech who fertiliizes dozens of them, then discards most.

Is he a murderer?

Nice try. We were asking YOU. But we already know your thought on the matter.

It's a leftist tactic to avoid the question by asking a question. You should know this as long as you've been here.

How about sexually abusing an extremely retarded person? They aren't aware....don't "seem" to react much to it. Must be O.K. then, right?

As with the lab tech, I guess we'd have to ask the person who abused the retarded person huh? Is THAT your logic?!

So what about it? Where's the line? When does a fertilized egg suddenly become human? At what point? Please tell me. I've been really wanting an answer to this for a long time. Or for that matter, corn!

The question is still....as you have yet to answer, "What else could the fertilized egg possibly be other than a PERSON?

I think the problem is that in order to admit that common fertilized eggs are PEOPLE, then you have to bear the burden of knowing that murder is occuring, and most people would rather dehumanize a person before murdering him/her. It's a lot easier to murder somebody that you choose to believe isn't human.
47 posted on 10/26/2004 7:16:34 PM PDT by hiredhand
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To: Ed Current
Ed Current wrote:

You are going to have to put it in comic book form for tpaine.
Even then, prospects are minimal.

Ed from the the peanut gallery takes a blank shot.

Why not try to refute my posted factual positions ed?
In your own words if you please.. That is, -- if you have a pair.

48 posted on 10/26/2004 7:19:06 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: Lexinom
Poof, -- your theory disappears when you try to use the law to tell a woman, just after conception, that she has no natural right to end her pregnancy. --- By doing so you are committing an act of aggression on the equal rights of that woman. --- As at that point she is under no obligation to you, or to society, to bear anyones child.

Laws can be wrong. Dred Scott was bad law. A woman who became a mother has already made her choice (in the case of the 97% of non-rape abortions), just as her mother did, and her mother before that.

Try to tell a woman, just after conception, that she has no natural right to end her pregnancy.

You are inconsistent in allowing a mother to murder her baby

I have no objection to you, or the State, giving a trial to all women accused of murder. You want to outlaw such trials, and proclaim women to be murderers by legislative decree.

while prohibiting farmers from owning slaves. Both are cases of one person's whims superceding another person's life. Both have as a central pinion the notion of lesser "personhood" for the subjugated group. Roe v. Wade is bad law.

Roe ended bad law. Murder declared by legislative decree is unconstitutional.

The tide is shifing. We can never undo 44 million abortions. We can, however, strive for the American ideal of liberty and justice for all, and seek to rebuild from this horrific holocaust. We can strive for cultural change than reduces the demand for abortion by living (in our personal lives) the Golden Rule.

Lex, -- a ~BIG~ part of learning to live by 'do onto others', is in 'mind your own business'.

49 posted on 10/26/2004 7:38:20 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: Lexinom; tpaine
Yes. The prevalence of a given practice does not change its objective moral value. Anything other than this places us on the slippery slope of relativism, and ultimately logically leads to anarchy and despair - consistently applied, that is.

Being Americans we're remarably individualistic and selective in our morality.


I am well aware that "legally"....within the framwork of our justice system, few consider a fertilized human egg a "person". However, one must wonder what God thinks about the newly fertilized egg. At the point of conception, it simply is NOT an egg anymore. It's potential as an egg is never any more than to always remain a single ovum. But once fertilization takes place, it's nothing short of a miracle and its potential suddenly becomes infinitely more! It seems the insurance understands this quite well with regards to crop loss!

So in our own minds, and weighed by our consciences, we must decide whether we commit murder by destroying something as inoccuous as human "fertilized eggs". It's made a lot easier by the benign sound of it all.

But carefully consider the consequences of discovering that these "fertilized eggs" are persons in the sight of God. Unlike the vague bounds and constraints of our own limited legal systems, God has no such shortcomings and certainly is no respecter of our own attempts at mimicking true justice.

Consider the judgement that would come as a result of approving of, or partaking in the destruction of these persons.
50 posted on 10/26/2004 7:40:15 PM PDT by hiredhand
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To: MHGinTN
And as I've repeatedly told you, no one disputes that cellular life begins at fertilization. But your claim that a fertilized egg is a person is specious.
The newly pregnant woman is a person. Her fertilized egg is nothing but a potential person, and pregnancy is a condition which she can reject.
You, - and society, -- have no say in that matter, at that point.

Would you be so kind as to tell us ill-informed rabble just when the individual new life becomes a human being?

The USSC opined that the State could start defending the rights of the new life near the end of the first trimester, and by the end of the second that it could indict abortion as murder. -- I can live with that opinion.

As I noted, you're very far from your element, and telling lies regarding the newly conceived isn't covered by silly repostings such as you try.

You always end up frustrated, and trying to call me a liar. Sad comment on your own credibility, MHG. -- Get a new tactic.

51 posted on 10/26/2004 7:52:36 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: tpaine

You dissemble, and you know what you post is not truthful, so there it is, TP. Still trying to spew that 'fertilized egg' lie I see. You are so transparent.


52 posted on 10/26/2004 8:04:45 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: tpaine; hiredhand; Ed Current
Roe ended bad law. Murder declared by legislative decree is unconstitutional.

For consistency, then, we need to repeal all murder laws. Then, following the reasoning above, it would be impossible to reinstate them, since it would be "unconstitutional." It is interesting that "Roe" herself has dedicated the balance of her life to reversing the decision whose plaintiff bears her pseudonym. Why is that?

Now, you have yet to show how the baby suddenly "becomes" human at 3 months, 6 months, birth, or any other arbitrary point in its development, appealing instead to bad precedent set in the courts, and playing semantical games via terms like "fertilized egg".

We would like to hear you explain why it should be legal - not why it is - for a woman to choose to kill a baby - a baby she (in 97% of cases) implicitly chose to conceive by choosing to fool around - while said baby is yet in her womb, but NOT after the baby is out of her womb. "Poof" again? Is birth the magical "poof" moment heralding a miraculous fundamental ontological and physical change in the child the moment the doctor severs the cord?

You have yet to refute the blatantly obvious parallel between slavery (also affirmed in the courts) and abortion.

Lex, -- a ~BIG~ part of learning to live by 'do onto others', is in 'mind your own business'.

Just like the "good Germans", minding their own business...

There are millions of us who will not rest until America's brand of Nazism is defeated. Not a day goes by when I do not think of the little babies that will be ripped out of their mothers' wombs, limb by limb, with no anesthesia. Babies in my city, in my state, in my country. "Unwanted" babies, like my own wife and my own father. Murder is indeed a strong word, but I know of no other with which to label this evil and can think of no good reason to sugarcoat it.

And no, we will not "mind my own business", when a single pregnant mother needs clothes, a bassinet, toys, love, support, and affirmation.

53 posted on 10/26/2004 8:06:16 PM PDT by Lexinom ("A person's a person no matter how small" - from Dr. Seuss' Horton Hears a Who)
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To: hiredhand
For the record, I do believe that a fertilized egg IS a person. What ELSE could it BE?!

Ask the lab tech who fertilizes dozens of them, then discards most. Is he a murderer?

Nice try. We were asking YOU. But we already know your thought on the matter.

That's why I answered that way. You think you 'know', but the fact is, the lab tech is not a murderer because an egg is not a person.

It's a leftist tactic to avoid the question by asking a question.

Bull. It's a silly tactic to infer I'm a leftist.

You should know this as long as you've been here.

Whatever. Your opinions are becoming boring.

How about sexually abusing an extremely retarded person? They aren't aware....don't "seem" to react much to it. Must be O.K. then, right? As with the lab tech, I guess we'd have to ask the person who abused the retarded person huh? Is THAT your logic?! So what about it? Where's the line? When does a fertilized egg suddenly become human? At what point? Please tell me. I've been really wanting an answer to this for a long time.

See my post #51.

Or for that matter, corn! The question is still....as you have yet to answer, "What else could the fertilized egg possibly be other than a PERSON? I think the problem is that in order to admit that common fertilized eggs are PEOPLE, then you have to bear the burden of knowing that murder is occuring, and most people would rather dehumanize a person before murdering him/her. It's a lot easier to murder somebody that you choose to believe isn't human.

Again, whatever. Feel free to post to me when you get some new points.

54 posted on 10/26/2004 8:12:44 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: tpaine

"... the fact is, the lab tech is not a murderer because an egg is not a person." That technician to whom you nebulously refer also knows that once fertilization has been successful, there is no longer an ovum. BTW, you keep using the term 'egg', are you obsessed with chickens, TP? Odd that you don't seem capable of taking a lesson from that technician to whom you refer.


55 posted on 10/26/2004 8:19:59 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: tpaine; hiredhand
That's why I answered that way. You think you 'know', but the fact is, the lab tech is not a murderer because an egg is not a person.

Specious argument. HH, notice he leaves out the "fertilized", above. The latter clause of his statement as constructed is correct: an "egg" is not a person. The 46-chromosome product of the union of a sperm with the ovum IS a person.

tpaine, assuming you meant that a "fertilized" egg is not a person: What, exactly, is the "magic poof moment" at which the "fertilized egg" becomes a human being?

56 posted on 10/26/2004 8:20:07 PM PDT by Lexinom ("A person's a person no matter how small" - from Dr. Seuss' Horton Hears a Who)
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To: Lexinom
I have no objection to you, or the State, giving a trial to all women accused of murder. You want to outlaw such trials, and proclaim women to be murderers by legislative decree.
Roe ended bad law. Murder declared by legislative decree is unconstitutional.

For consistency, then, we need to repeal all murder laws.

Whatever. You're becoming irrational.

Then, following the reasoning above, it would be impossible to reinstate them, since it would be "unconstitutional." It is interesting that "Roe" herself has dedicated the balance of her life to reversing the decision whose plaintiff bears her pseudonym. Why is that? Now, you have yet to show how the baby suddenly "becomes" human at 3 months, 6 months, birth, or any other arbitrary point in its development,

I put foward my reasoning at #51. You can't refute it? Tough.

appealing instead to bad precedent set in the courts, and playing semantical games via terms like "fertilized egg". We would like to hear you explain why it should be legal - not why it is - for a woman to choose to kill a baby - a baby she (in 97% of cases) implicitly chose to conceive by choosing to fool around - while said baby is yet in her womb, but NOT after the baby is out of her womb. "Poof" again? Is birth the magical "poof" moment heralding a miraculous fundamental ontological and physical change in the child the moment the doctor severs the cord? You have yet to refute the blatantly obvious parallel between slavery (also affirmed in the courts) and abortion.

Whatever.

Lex, -- a ~BIG~ part of learning to live by 'do onto others', is in 'mind your own business'.

Just like the "good Germans", minding their own business...

Good grief, you're trying to establsh that I'm nazi-like by defending a womens right to end early term pregnancy?

There are millions of us who will not rest until America's brand of Nazism is defeated.

And to 'defeat' early term abortion you want an authoritarian State to decree that ending a pregnancy is murder.

Not a day goes by when I do not think of the little babies that will be ripped out of their mothers' wombs, limb by limb, with no anesthesia. Babies in my city, in my state, in my country. "Unwanted" babies, like my own wife and my own father. Murder is indeed a strong word, but I know of no other with which to label this evil and can think of no good reason to sugarcoat it. And no, we will not "mind my own business", when a single pregnant mother needs clothes, a bassinet, toys, love, support, and affirmation.

Now you're talking sense.. You have my full support in helping to end abortion in this way.

57 posted on 10/26/2004 8:35:35 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: Lexinom
Lexinom wrote:

tpaine, assuming you meant that a "fertilized" egg is not a person: What, exactly, is the "magic poof moment" at which the "fertilized egg" becomes a human being?

Sorry Virgina, there is no Santa, and no "magic" point.
See #51 from my take on the Constitutionality of personhood.

58 posted on 10/26/2004 8:41:39 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: tpaine
Uh, changing the target, TP? When is an alive human organism to be considered a human being ... in your great wisdom? [You tried to switch to personhood, once again dissembling for effect. Is 'winning a debate' really so much more important than integrity for you, TP? BTW, it's 'do unto others' not 'do onto others', but I wouldn't expect you to actually be accurate in a biblical quote or reference.]
59 posted on 10/26/2004 8:55:36 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: tpaine; Ed Current; hiredhand; CourtneyLeigh; Mr. Silverback; cpforlife.org; Dr. Eckleburg
For consistency, then, we need to repeal all murder laws.

Whatever. You're becoming irrational.

What is irrational is the notion that a woman should "have a right to terminate her pregnancy", when that word "terminate" implies the halting of development of a little life whose very existence the mother had every opportunity to prevent. In #51, you yourself admitted "no one disputes that cellular life begins at fertilization". At this point you are left with a tenuous bifurcation between life and personhood. To the logical mind this is problematic, and is why I've been so tough on you to show us the "magical moment" at which the baby becomes a "person".

You then go on to make the baseless statement that "her fertilized egg is nothing but a potential person, and pregnancy is a condition which she can reject. You, - and society, -- have no say in that matter, at that point." At this point you are bound to show why that is true in this case - a case in which a woman is choosing to end a hardship she (in 97% of cases) brought upon herself at the expense of someone else - and not true in other, analogous cases like slavery. Indeed, you need to show why any murder is not an infringment of life.

I posit that your whole basis for this rests on the non-"person" status of the baby.

Just like the "good Germans", minding their own business...

Good grief, you're trying to establsh that I'm nazi-like by defending a womens right to end early term pregnancy?

If x becomes the accepted norm, and y is very far from x then y will appear irrational to x's adherents. The reverse is true: y was once the norm, and x appeared at that time as the extreme position. If there is no objective right and wrong, then morals can change. If that, in turn, is the case, we have no fundamental basis for any law, since law itself implies absolute truth.

There are millions of us who will not rest until America's brand of Nazism is defeated.

And to 'defeat' early term abortion you want an authoritarian State to decree that ending a pregnancy is murder.

No more and no less than the "authoritarian" laws that for the nonce prohibit all other forms of murder.

Realize I'm not going after you personally but after a whole system of thinking that has proven detrimental to our overall health as a society. This system redefines logic and invents "absolutes" of its own (like "she has a sovereign right to do as she pleases with her own body") to fill the void of those it has vacated (ergo "Thou shalt not kill"). To one (and I presume not to know if this includes you) who has grown to affirm relativism as truth - which is itself a contradiction - the arguments presented will appear "extreme" and shocking.

I think I've presented a pretty logical case for why the unborn should be protected by the law. Making this a reality, however, will mean fundamental cultural changes. For example, extramarital affairs must come to be viewed again as a disgrace and aberration, not as the norm. To your credit, you've observed that simple top-down legislation of morality cannot change the heart, which is by its nature evil - just look around if you need proof.

60 posted on 10/26/2004 8:59:29 PM PDT by Lexinom ("A person's a person no matter how small" - from Dr. Seuss' Horton Hears a Who)
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