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To: Vicomte13
Vicomte13 wrote:

I think that the correct answer is for the Supreme Court to overturn Roe on the basis that abortion is unconstitutional as a violation of the equal protection and due process rights of people - to wit: the unborn.

The USSC has no power at all to decide at what precise point a fertilized human egg becomes a person. Their previous guesswork on the legality of the matter in Roe will probably have to suffice for now.

The contention that legal person-hood begins [and can be protected by the state] at the instant of conception is incompatible with our principles of common law.

Are you arguing that neither the States nor the Federal government can decide when life begins as a matter of law, because of precepts of Common Law?

My words saying that are right above, are they not.

Or are you arguing that the Supreme Court has no power to make such a decision, and that this is to be left to the States alone to decide?

Neither have such powers, obviously.

Suppose the States decide that life begins at the age of reason, and so vote.

The legislators that so voted would be commited to mental institutions, no doubt.

And this allows parents to kill children under the age of 7. Is the Supreme Court powerless to strike down that law under your theory?

Babble on with such nonsense if you like, but it hardly helps your cause.

BTW, are you ever going to answer my question about the 14th?

117 posted on 11/11/2004 9:09:48 AM PST 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

I'm sorry, I don't remember your question about the 14th.
I will answer it if you'll point me back to it.

So, you don't believe that there is any level of government, either the federal government, or the states (or, I suppose, municipalities), that has any power at all - either in the legislature, or in the executive, or in the judiciary, or - presumably - in the people voting in a ballot initiative, that has the authority to decide when life begins.

Query: would your answer change if what was involved was a constitutional amendment? If two-thirds of each house of Congress and three quarters of the States agreed to amend the Constitution to say that under American law, life begins at conception, would that succeed in establishing that principle as a matter of law?


118 posted on 11/11/2004 11:11:22 AM PST by Vicomte13 (Auta i Lome!)
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