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To: edsheppa

CO - lots of Evangelicals, lots of Mormons, several large Catholic communities. It has a chance. I would love to see the abortion debate shifted to the 14th Amendment - “nor shall any State deprive any person of life, liberty, or property, without due process of law”


11 posted on 11/13/2007 4:41:27 PM PST by azcap
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To: azcap
I would love to see the abortion debate shifted to the 14th Amendment

Not trying to pick a fight, but an originalist would say this initiative would not *necessarily* bring that into play. According to that legal philosophy, whatever the framers of that amendment meant by "person" is binding in its interpretation. And if they had a specific conception of personhood that did not include the unborn, this initiative wouldn't prevent abortion on 14th Amendment grounds.

On the other hand, they might have had a more "living" interpretation of personhood, leaving it to the people of each time to decide. I doubt that though.

My point is that, even if the initiaitive passes, it's not a slam dunk even by conservative legal philosophies.

18 posted on 11/13/2007 5:32:14 PM PST by edsheppa
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To: azcap

Once there were “CO - lots of Evangelicals, lots of Mormons, several large Catholic communities. Now - lots of Californians - probably not happening. The Supremes did not endorse the idea they only said the petition was technically correct. When the citizens last tried to stop special rights for homosexuals, they lost in court. They were represented by once AG Salazar, Now Democratic Senator Salazar.


19 posted on 11/13/2007 5:40:22 PM PST by Steamburg (Your wallet speaks the only language most politicians understand.)
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