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To: butterdezillion

Could you condense this a bit. I’m not following how Roe v Wade invalidates the 14th Amendment, or contradicts it.


13 posted on 02/16/2012 11:07:25 AM PST by RC51
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To: RC51

The Roe v Wade decision said that it’s not enough to be a BIOLOGICAL person; the 14th Amendment only applies to people who are LEGAL persons - that is, who have specifically been given legal and/or Constitutional protections. For almost a hundred years the courts were acting as if the 14th Amendment meant every human being is protected by the Constitution, but the Roe court said that wasn’t the case - and that the 14th Amendment doesn’t apply to every biological person.

The Roe court didn’t say who qualifies as a “legal person” and who doesn’t - only that legal personhood (and thus 14th Amendment protections) can’t apply until after birth. They didn’t say what conditions might negate a biological person’s “legal” personhood, but the Supreme Court in the past (in the Dred Scott decision) had already ruled that the Constitution specifically rules out Blacks as being “legal persons” according to the Constitution (having Constitutional rights).

So basically the Roe v Wade decision is that not everybody who is a biological person is protected by the 14th Amendment. There is a special class of biological persons called “legal persons” who alone get the due process, equal protection under the law, and citizenship guaranteed in the 14th Amendment, and the courts get to decide who is and who isn’t in that special class of “legal persons” (just like Adolf Hitler in his day decided which biological persons were in the “protected” class and which were “human cattle”).

The Roe court said nobody can be a “legal” person until after birth but didn’t say how old a person had to be before they could be a legal person. So that is open to whatever the Supreme Court wants to decide in the future.

And the Supreme Court from the past had already ruled out Blacks from being “legal persons” so Blacks have NEVER been able to be citizens, receive due process, or have equal protection (according to Roe’s interpretation of the 14th Amendment) - since they’ve always been excluded from that special class of biological person called a “legal person”.

It’s not much shorter, but does that help you understand what I’m saying?


14 posted on 02/16/2012 3:00:27 PM PST by butterdezillion
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