Posted on 06/17/2007 9:14:40 PM PDT by monomaniac
Well, if we're right in our interpretation of the 14th Amendment; then no state could have any kind of law allowing abortions, or least not for 99+% of the cases (medical exceptions, possibly, again, I'll let the legal scholars figure out the extent).
However, the various laws and penalties may vary state to state. Kansas may choose to prosecute both "mother" and abortionist. Kentucky might just go after the abortionist. Specific penalties and sentencing guidelines would likely vary state to state, just as they do with state murder statutes.
Of course, all of this is dependent on a federal judiciary who will properly interpret the 14th Amendment (among other parts of the Constitution), get rid of the Roe v. Wade precedent, and apply the Constitution to state laws. The process starts by appointing those judges. Overturn Roe. Then, challenge state abortion laws vis a vis the 14th Amendment.
You do realize, I hope, that I’m not arguing against the overturning of Roe. I’m saying that without a declaration of the personhood of the unborn, from one or more of the three co-equal branches of government, overturning Roe will save few, if any, lives, and very well could put the country into an even worse position vis a vis the protection of the unalienable right to life.
Exactamundo.
It is entirely possible that the decision to overturn Roe vs Wade will also provide Federal prohibition of abortion (as we all strive for), but its also possible that the decision to overturn will not go that far.
A lot of it depends on HOW Roe vs. Wade is overturned. If it is overturned on the basis of judicial activism, then the right to life issue will not be considered at the Federal level and will have to be tackled at the state level. If Roe vs. Wade is overturned on the basis of medical evidence, then I would be surprised if abortion is still allowed in the individual states.
But the biggest challenges to Roe vs. Wade are coming FROM state laws (South Dakota, Kansas, etc) that prohibit or severely restrict abortion. Its looking more and more like Roe vs. Wade will fade away, rather than be overturned directly, BECAUSE of challenges at the state level.
I disagree that its a case of doing the same thing over and over again. Its more a matter of planning for the worst case.
I absolutely agree.
Of course, I would add others to the list of responsibility for carrying out what you just said.
The legislative branches, at the state and federal levels, must bring their power to bear simultaneously.
The exectuvie branches, at the state and federal levels, must bring their power to bear simultaneously.
After all, all of the above, in fact every single officer of the United States, at every level, has a sworn duty to do so.
I reject the notion that this is ALL about the courts. They have the means to solve this the quickest and the cleanest, [after all, they are the ones who created this mess, and allowed the butchery of fifty million Americans] but in the event of their recalcitrance, the other branches of government, and in fact the people themselves, have an equal duty to stop this holocaust. The failure to do so is at best a gross sin of omission, one for which we all will have to answer to our Creator. And, if we are to be judged, in an earthly sense, we will be judged corporately as a nation.
It is not an “either/or” situation. It is “all of the above.”
This is why the choice of a truly pro-life president, a truly Republican president, is so important.
And, this is why every candidate for public office must be held to the same standard.
I would assert, as I just did to another poster, that this is not an either/or situation, it is “all of the above.” We must fight this on every single front.
But, as I’ve argued all along, the assertion that abortion is a state issue, in complete abrogation of the basic principle that all are endowed by their Creator with the unalienable right to life, everywhere in America, is to lose the war before a single shot is fired.
This fallacy that I’m arguing against, one that is propounded by Fred Thompson and many others, is in fact the death of the pro-life movement, and ultimately, the death of our free republic.
He certainly doesn’t openly dispute the legitimacy of Roe v. Wade.
That's because they are not straw men, they are real examples of the kinds of things that have happened around the world if we restrict liberty. And if you apply the restrictions of government to the people we will become that kind of tyranny.
The right of the people to be free of encroachments by big government. As it says in the 2nd amendment, the security of a free state is dependent on our right to defend our own liberty.
Amazing that you can say that in defense of a regime that continues to kill thousands of children in America every day. Your priorities are upside down.
A free and righteous people considers the defense of the helpless to be its primary duty.
Exactly. But the state determines when and how you can use self-defense, not the Constitution. In some states you can use lethal force but not others.
If human government’s primary purpose is not to defend the God-given rights to life and liberty, what, in your opinion, is its purpose?
Do babies threaten you in some way?
I don't either, but so what?
Babies are not a threat. I do not advocate abortion. What threatens me and what threatens you, whether you know it or not, is an oppressive government.
What could be more threatening than three thousand dead babies every day?
"So what" is that our founding documents, and our most precious principles, are being utterly ignored, to the destruction of millions of Americans. Why can't you understand this?
Do you think your rights to life and liberty are superior to the baby who is right this second dying at the hands of a Planned Parenthood butcher?
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