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To: tpaine

Dear tpaine,

"How dense can you get kid? -- States that decree early term abortion to be murder violate due process for the women so accused."

Making abortion illegal does not violate due process.

Punishing those who violate the law without permitting a fair trail would violate due process.

If, for instance, a law were passed prescribing the death penalty for the abortionist, and some intermediate penalty for those who procured the abortion, it would be a violation of due process to hang the abortionist before his trial and sentencing, and it would be a violation of due process to mete out punishment to others before theirs.

But once found guilty at trial, sentenced, and all appeals exhausted, there would be no violation of due process to execute the aggressor.


sitetest


430 posted on 11/13/2004 10:54:52 AM PST by sitetest (It is better to kill the unborn because they can't raise such a fuss.)
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To: sitetest

Neither the Bill of Rights nor the specific practices of the States at the time of the adoption of the Fourteenth Amendment marks the outer limits of the unenumerated liberties which the Fourteenth Amendment protects.
[See U.S. Const., Amend. 9.]

As the second Justice Harlan recognized:

     "The full scope of the liberty guaranteed by the Due Process Clause `cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution.

This `liberty´ is not a series of isolated points pricked out in terms of the taking of property;
the freedom of speech, press, and religion;
the right to keep and bear arms;
the freedom from unreasonable searches and seizures; and so on. 

It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints, . . .


495 posted on 11/13/2004 11:31:31 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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