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To: Jim 0216
What I was tying to point out was that murder is unconstitutional whether government is involved or not. Abortion is murder because no due process has taken place for the unborn.

Then why are murder cases tried in state courts? If it's a federal constitutional crime, then the states have no jurisdiction and every single person on death row that was put there by a state court can walk out the door tomorrow.

Please stop trying to stretch the clear language of the constitution which limits federal powers and state powers into something it's not. There's no right to have an abortion guaranteed in the constitution, just as there's no forbidding of it. The constitution is silent on the matter, so it is an issue reserved to the states, or the people, as the 10th very clearly states.

207 posted on 11/20/2007 9:12:16 AM PST by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: kingu
(Been gone...) You said...

Then why are murder cases tried in state courts? If it's a federal constitutional crime, then the states have no jurisdiction... Please stop trying to stretch the clear language of the constitution which limits federal powers and state powers into something it's not.

The wording of the 5th Amendment of the Constitution has no such limitation.

Amendment 5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Your argument is with the wording of the Constitution not me.

I think the issue should only arrive at the Federal level if the Local and State laws and courts fail to make murder a crime. The only example of this any time and anywhere in this country that I know of, is abortion.

208 posted on 11/24/2007 11:52:36 AM PST by Jim W N
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