Those of us who abhor the practice called partial birth abortion can accept Ron Pauls reasoning in voting to ban this practice. If I had delivered 4,000 babies I too may have put my reservations aside.
Unfortunately, H.R. 760 takes a different approach, one that is not only constitutionally flawed, but flawed in principle, as well. Though I will vote to ban the horrible partial-birth abortion procedure, I fear that the language used in this bill does not further the pro-life cause, but rather cements fallacious principles into both our culture and legal system.
For example, 14G in the “Findings” section of this bill states, “...such a prohibition [upon the partial-birth abortion procedure] will draw a bright line that clearly distinguishes abortion and infanticide...” The question I pose in response is this: Is not the fact that life begins at conception the main tenet advanced by the pro-life community? By stating that we draw a “bright line” between abortion and infanticide, I fear that we simply reinforce the dangerous idea underlying Roe v. Wade, which is the belief that we as human beings can determine which members of the human family are “expendable,” and which are not.
Another problem with this bill is its citation of the interstate commerce clause as a justification for a federal law banning partial-birth abortion. This greatly stretches the definition of interstate commerce. The abuse of both the interstate commerce clause and the general welfare clause is precisely the reason our federal government no longer conforms to constitutional dictates but, instead, balloons out of control in its growth and scope. H.R. 760 inadvertently justifies federal government intervention into every medical procedure through the gross distortion of the interstate commerce clause.
H.R. 760 also depends heavily upon a “distinction” made by the Court in both Roe v. Wade and Planned Parenthood v. Casey, which establishes that a child within the womb is not protected under law, but one outside of the womb is. By depending upon this illogical “distinction,” I fear that H.R. 760, as I stated before, ingrains the principles of Roe v. Wade into our justice system, rather than refutes them as it should.
Despite its severe flaws, this bill nonetheless has the possibility of saving innocent human life, and I will vote in favor of it. I fear, though, that when the pro-life community uses the arguments of the opposing side to advance its agenda, it does more harm than good.
Dr. Ron Paul is a Republican member of Congress from Texas
He would prefer...
Whether a civilized society treats human life with dignity or contempt determines the outcome of that civilization. Reaffirming the importance of the sanctity of life is crucial for the continuation of a civilized society. There is already strong evidence that we are indeed on the slippery slope toward euthanasia and human experimentation. Although the real problem lies within the hearts and minds of the people, the legal problems of protecting life stem from the ill-advised Roe v. Wade ruling, a ruling that constitutionally should never have occurred.
The best solution, of course, is not now available to us. That would be a Supreme Court that recognizes that for all criminal laws, the several states retain jurisdiction. Something that Congress can do is remove the issue from the jurisdiction of the lower federal courts, so that states can deal with the problems surrounding abortion, thus helping to reverse some of the impact of Roe v. Wade.
So Ron Paul promptly introduced the `Sanctity of Life Act of 2005’...
109th CONGRESS
1st Session
H. R. 776
To provide that human life shall be deemed to exist from conception.
IN THE HOUSE OF REPRESENTATIVES
February 10, 2005
Mr. PAUL (for himself, Mr. GARRETT of New Jersey, and Mr. BARTLETT of Maryland) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide that human life shall be deemed to exist from conception.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Sanctity of Life Act of 2005’.
SEC. 2. FINDING AND DECLARATION.
(a) Finding- The Congress finds that present day scientific evidence indicates a significant likelihood that actual human life exists from conception.
(b) Declaration- Upon the basis of this finding, and in the exercise of the powers of the Congress—
(1) the Congress declares that—
(A) human life shall be deemed to exist from conception, without regard to race, sex, age, health, defect, or condition of dependency; and
(B) the term `person’ shall include all human life as defined in subparagraph (A); and
(2) the Congress recognizes that each State has the authority to protect lives of unborn children residing in the jurisdiction of that State.
SEC. 3. LIMITATION ON APPELLATE JURISDICTION.
(a) In General- Chapter 81 of title 28, United States Code, is amended by adding at the end the following new section:
`Sec. 1260. Appellate jurisdiction; limitation
`Notwithstanding the provisions of sections 1253, 1254, and 1257, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any case arising out of any statute, ordinance, rule, regulation, practice, or any part thereof, or arising out of any act interpreting, applying, enforcing, or effecting any statute, ordinance, rule, regulation, or practice, on the grounds that such statute, ordinance, rule, regulation, practice, act, or part thereof—
`(1) protects the rights of human persons between conception and birth; or
`(2) prohibits, limits, or regulates—
`(A) the performance of abortions; or
`(B) the provision of public expense of funds, facilities, personnel, or other assistance for the performance of abortions.’.
(b) Conforming Amendment- The table of sections at the beginning of chapter 81 of title 28, United States Code, is amended by adding at the end the following new item:
`1260. Appellate jurisdiction; limitation.’.
SEC. 4. LIMITATION ON DISTRICT COURT JURISDICTION.
(a) In General- Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section:
`Sec. 1370. Limitation on jurisdiction
`Notwithstanding any other provision of law, the district courts shall not have jurisdiction of any case or question which the Supreme Court does not have jurisdiction to review under section 1260 of this title.’.
(b) Conforming Amendment- The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item:
`1370. Limitation on jurisdiction.’.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date of the enactment of this Act, and shall apply to any case pending on such date of enactment.
SEC. 6. SEVERABILITY.
If any provision of this Act or the amendments made by this Act, or the application of this Act or such amendments to any person or circumstance is determined by a court to be invalid, the validity of the remainder of this Act and the amendments made by this Act and the application of such provision to other persons and circumstances shall not be affected by such determination.