shhrubbery! wrote: “There are several versions of the Human Life Amendment (see them quoted at Wikipedia entry here).”
I checked out the proposed amendments, and several did not appear to force the states to make abortion illegal. Some did, but not all. Something along the lines of, “The right to abortion is not enshrined in this constitution.” would indeed appear to have the desired effect of overturning Roe v Wade.
Personally, I would prefer to have the SCOTUS change its ruling, but I can understand the need for an amendment so long as the liberals pervert the meaning of the law. Unfortunately, I see no end of amendments that will be required if we cannot fix the courts themselves (sigh).
My concern was primarily against those who would make all abortions illegal via constitutional amendment. If a fertilized egg is given the same rights as a person, the intentional destruction of an embryo for any reason would be first degree murder, right? A state wouldn’t be able to apply a lesser penalty for “murdering” an embryo than any other person/citizen, would it? I’m no lawyer, but wouldn’t it also be a federal crime to deny an embryo the same civil rights as a person? If so, are we really prepared to imprison or execute women for having abortions? This is what I meant when I said an amendment outlawing all abortions (by declaring embryos persons) would be nonsense.
I'm not a lawyer either, but I don't see how any of those proposed Human Life Amendments would "force" states to apply any particular penalty for abortionists (or for the women who get abortions).
My understanding is that states have their own criminal codes, and determine their own penalties.
AFAIK the federal government does not have jurisdiction to interfere with a state's statutes or criminal sentences unless there's a gross violation of a US Constitutional right embodied in a state statute or sentence.
If a Constitutional Amendment were ratified, my guess is this is what would happen:
Most states would pass legislation that would impose penalties on abortionists. States like CA and MA would probably give minimal punishments to them. Sentences for women who had the abortions would probably be suspended entirely.