The death penalty would require a trial, where the defendent (the unborn child), could not be deprived of life without due process.
It would also require an arrest, and a successful prosecution of a capitol crime. None of which apply to the unborn child.
So I agree, with you - the death penalty would argue that we ought not kill the unborn child without due process
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You are word twisting. I am referring to the fact that states have determined they have jurisdiction in cases of death penalty and they certainly have had jurisdiction in cases of abortion. Not a federal matter.
“I am referring to the fact that states have determined they have jurisdiction in cases of death penalty”
The fifth amendment to the US constitution prohibits this.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”
I don't think a state can kill the innocent can they? Once we decide that a baby is a human, or person hood if that is the term, then I think the killing has to stop.