“Nor shall any state deprive any person of life . . . without due process of law; nor deny to any person within its jurisdiction the equal protection the equal protection of the laws.”
I didn’t say that the 14th Amendment defines “persons” specifically to include unborn children. What I am saying is that Congress could make a finding that unborn children are indeed persons under our Constitution and that the Equal Protection Clause applies to them.
There have been many laws passed pursuant to Section 5 to effectuate the purposes in the 14th Amendment. Usually said laws were to address or correct states with histories or then existing practices of denying voting rights or other fundamental rights to classes if citizens deemed unworthy of equal protection.
My position is that it is perfectly reasonable for Congress to find that all persons (born and unborn) enjoy the the right to life and the equal protection of the laws (prohibition on murder applied equally), and no state may deprive them of such without due process of law.
From a Constitutional perspective I think this fits much better than a flawed commerce clause jurisprudence (Wickard v. Filburn 1942) that was reigned in to some degree beginning with US v. Lopez 1995.
I am a very strong advocate of the 10th Amendment and extremely limited (based on enumerated powers and limited use of the 14th Amendment) Federal government, but I don’t think the right of human beings to live absent due process should be left to the states to deprive as they see fit.
As a practical matter I could envision the Supreme Court leaving it to the states since the right to abortion is clearly not mentioned in the Constitution. I don’t see them doing a 180 and declaring that states may not allow abortion. It is interesting to note however that in Roe the Court said that if an unborn child is indeed a “person” under the Constitution then their holding would fall apart (my paraphrase).
This appears to be the route to go for state legislators from my standpoint.
I thoroughly agree. See also #66.
Thank you for replying.
Although most people would not surmise the following because corrupt Congress wrongly now ignores the limits of its constitutional powers, are you aware that Congress has only those powers expressly delegated by it to the states via the Constitution? That’s why I’ve been trying to find out from posters what clause in the Constitution clearly gives Congress the power to define what a person is.
And after Congress defines what a person is then they can define what a natural born citizen is. /sarc