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To: xzins; P-Marlowe
The UNBORN are mentioned. And the preamble states the parameters of the constitution. Therefore, it cannot be interpreted outside those parameters.

Actually, if you want to get down to brass tacks, the 14th Amendment supersedes anything in the "original" Constitution.

526 posted on 04/18/2007 10:45:26 AM PDT by jude24 (Seen in Beijing: "Shangri-La is in you mind, but your Buffalo is not.")
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To: jude24; P-Marlowe; blue-duncan

Sorry, but the preamble is changeable, and it has not been changed. As the purpose statement, the 14th amendment must be seen in the preamble’s light.

The preamble extends the blessings of liberty to our posterity. The 14th amendment does not specifically exclude the unborn, and since the preamble sees the future as present, and since they are anticipated citizens, then they cannot be deprived of life.


546 posted on 04/18/2007 10:52:40 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: jude24; xzins; blue-duncan
Actually, if you want to get down to brass tacks, the 14th Amendment supersedes anything in the "original" Constitution.

I hope you don't make that statement on your bar exam. That is overreaching a bit. It will earn you a 55 on any Con Law question.

The 14th Amendment was intended only to superceed the parts of the constitution that the framers intended it to superceed.

BTW when you read the 14th amendment it reaffirms the right to life and by doing so it is in complete agreement with the purposes of the constitution as set forth in the pre-amble. The Preamble sets forth the intention of the founders and is the building block upon which the constitution was written. No amendment can overturn the preamble except by express mention of that intention in the amendment.

The 14th amendment did not state that it was the intention of the amendment to overturn the principles as set forth in the preamble to the constitution. Therefore the fourteenth amendment must be interpreted in such a way that it is in conformity with the stated intentions of the founders as stated in the preamble to the constitution.

The preamble is as much a part of the constitution as any amendment. Securing the blessings of liberty for our posterity is something that we cannot hope to acheive if we are engaged in a wholesale slaughter of our posterity on the altar of economic prosperity.

562 posted on 04/18/2007 10:58:00 AM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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