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To: AZRepublican
"An anti-abortion law does not come under the 14th."

All laws, at all levels of govm't, are subject to Constitutional scrutiny.

"The 14th amendment gives neither congress or the courts any jurisdiction over private conduct or anything remotely plenary over the liberties of the people."

Oh? See the civil rights statutes, the 18USC24xs.

"A anti-abortion law has nothing to do with a state depriving anyone of due process"

That's correct. The baby, however is being denied their right to life.

" A anti-abortion law is just like a law against murder, it is a protective law."

That's correct. In order to evade that fact, the Court had to redefine "person", which they did. The new definition excluded the unborn. They don't have the power to do that, the legislatures do.

"And the 14th gave congress no authority to legislate over the life, liberty or property of the people...this why they had to add amendments to the constitution for voting rights after the 14th was adopted."

The Constitution itself lists voter qualifications and defines who is a person. So the amendment was necessary. Note the statutes, 18USC24xs, did not need addiitonal Amendment, the 14th gave them the power to legislate. Both in that case and in the case of the Civil Rights Acts.

"a State is perfectly empowered to legalize abortion just as they are perfectly capable of abolishing it."

Yes.

" But in either case the SCOTUS is powerless to intervene through the 14th and this is by design and intent, not interpretation."

Congress can define person. In that case, the Court has jurisdiction under the 14th.

37 posted on 01/16/2006 8:49:50 AM PST by spunkets
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To: spunkets
>Congress can define person. In that case, the Court has jurisdiction under the 14th.

Where in the 14th does Congress receive this jurisdiction? Section 5 is pretty clear: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." It only gives Congress enforcement of the "provisions" through "legislation." It doesn't give Congress any direct jurisdiction to make penal laws or empower Congress to make laws above and beyond the stated provisions of the 14th.  This is because the amendment was rejected when it was seen giving congress this power! The 14th took away no reserved rights that belonged to the States...it only ensures that when a person stands to be derived of his life, liberty or property made criminal by law that they be given equal  punishment for the crime and that they receive a fair trial before the State punishes them. The 14th is not a grant of power to take away the rights of persons from the States. Only the States are empowered to enact laws for the protections of persons and citizens, not the federal govt. The feds laws on civil rights are not supported by the 14th. Look at the first civil rights bill passed by the same congress whom had adopted the 14th. It is nothing like the 1965 civil rights bill....the difference is between night and day!

48 posted on 01/16/2006 3:31:13 PM PST by AZRepublican
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