Can the Fourteenth Amendment Be Used to Protect Human Life Before Birth?

The Heritage Foundation ^ | Thomas Jipping

[TBP]

The short answer is yes. In fact, by one reading, the Fourteenth Amendment, backed by the Fifth from which it borrows phraseology, requires protection of preborn human life.

[hanamizu]

“The Fourteenth Amendment empowers Congress to enforce its guarantees...”

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So, all we have to do is get a majority of both houses of Congress to pass a bill and a President willing to sign it. Probably not any time soon.

[Fester Chugabrew]

The entire purpose of the Constitution, without any amendment whatsoever, is to secure, among a few other fundamental rights, the right to life. To make laws establishing what the Creator has already established by natural law is unnatural.

[adc]

Listening to Mc Carthy’s first speech, I was struck by his proclamation that we will “protect reproductive freedom”. We’ve always had reproductive freedom. Every single one of us has reproductive freedom. It’s not given by our legislators, but by God alone, as our Creator. However when our reproductive freedom results in the conception of a human life, then, we are not free to kill that life. Kevin.

[TBP]

I thought that was in Jeffries’ speech.

[ProgressingAmerica]

NO

Resoundingly no.

The 14th amendment is a part of the slavery amendments. They didn’t discuss abortion, they didn’t discuss gay marriages, and they didn’t discuss anything else when the 14th amendment was being proposed and drafted.

It was to deal with slavery. That’s what it is.

[TBP]

The provision prohibiting any state from depriving any individual of life, liberty, or property without due process of law protects all human beings, regardless of status.

[Jyotishi]

Why not define a “person” and “human being” as one conceived instead of one born?

[ProgressingAmerica]

That must be the living and breathing constitutional interpretation.

[Trump20162020]

Pro-life lost everywhere it was directly on the ballot in 2022, including Kansas, Kentucky and Montana. Actually passing a full nationwide abortion ban would be complete political suicide.

[TBP]

It’s a textualist interpretation. The text is quite clear.

[ProgressingAmerica]

It’s a shame. We all hate progressivism until we’re embracing it.

[chopperk]

Its more than human life, its American human life that is in the womb. Abortion is killing an American Citizen.

[Angelino97]

We're in the banana republic stage. The Constitution means whatever any judge or politician says it means, without regard for any other judge or politician.

The Supreme Court could say Yes, but Congress could ignore it and say No, and the DOJ, every Governor, and every state Attorney General remains free to interpret or enforce (or not enforce) the Constitution however they please.

[Elsie]

The short answer is yes.

The correct answer is NO.

It's been 50 years now, and an unborn human is valueless; except in VERY rare cases.

[Elsie]

...the right to life.

Where's that Simpson HAHA kid?

[Elsie]

Why not define a “person” and “human being” as one conceived instead of one born?

WHAT!?!?!?

And give them the same 'rights' as a Bald Eagle??

[Elsie]

Abortion is killing an a future American Citizen. 

[Jyotishi]

Give them the right to live.

[Jim Noble]

Congress is much more likely to pass a Constitutional Amendment guaranteeing abortion up to the completion of delivery than they are to do anything like you suggest.

And there are close to 38 States that would ratify it.