The Pro-Life Reply to: “Abortion is a Constitutional Right”
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The Pro-Life Reply to: “Abortion is a Constitutional Right”


The 1973 Supreme Court decision, Roe v. Wade,
required states to allow abortion. The seven men forming the majority said the
right to privacy includes a woman’s decision to end the life of her preborn child, effectively
through all nine months of pregnancy. This decision was widely criticized, even
by legal scholars who support abortion. Notably, the Justice who wrote the Roe v Wade
opinion, Harry Blackmun, made an important
admission. He wrote: if prenatal “personhood is established,”
the case for abortion “collapses, for the fetus’ right to life would then be guaranteed
specifically by the [Fourteenth] Amendment.” The Fourteenth Amendment was ratified in 1868
after the Civil War to ensure that no human being would be denied basic constitutional
rights. The Amendment says states may not “deprive
any person of life, liberty, or property, without due process of law, nor deny to any person
the equal protection of the laws.” So let’s take up Justice Blackmun’s challenge. Are preborn children “persons” within the
original public meaning of the Fourteenth Amendment? Let’s use three different tools to answer
this question: 1. Definitions from when the
Fourteenth Amendment was ratified; 2. Historic state practices
related to abortion; and 3. The Framers’ understanding
of the Amendment. First, definitions. According to dictionaries of common and legal
usage at the time of the Fourteenth Amendment’s adoption, the term “person” was largely
interchangeable with “human being.” The 1864 edition of Noah Webster’s
Dictionary defined the term “person” as relating “especially,
[to] a living human being; a man, woman, or child; an individual of the human race.” No dictionary of the era referenced birth
or the status of being born in its definition of “person,” “man,” or “human being.” In legal usage, every human being was considered
a “natural person.” In his discourse on “The Rights of Persons,”
the authoritative treatise writer William Blackstone wrote “life is a right inherent
by nature in every individual.” For Blackstone, if human life existed, legal
personhood existed also. There was no distinction between biological
human life and legal personhood. Second, state practice. Centuries of English common law tradition
consistently treated abortion as the wrongful killing of a human being. From her founding, the United States adopted
this tradition and prohibited abortion as soon as human life could be detected. When the Fourteenth Amendment was adopted
in 1868, the states widely recognized unborn children as persons. Nearly every state had criminal legislation
prohibiting abortion, and at least twenty-eight jurisdictions labeled abortion as an “offense
against the person.” Nine of the ratifying states explicitly valued
the lives of the preborn and their pregnant mothers equally by providing the same range
of punishment for killing either during the commission of an abortion. Furthermore, at least ten states considered
abortion to be either manslaughter, assault with intent to murder, or murder.” In twenty-three states and six territories,
laws referred to the preborn individual as a “child.” In fact, the same Ohio legislature that ratified
the Fourteenth Amendment called abortion “at any stage” nothing less than “child-murder.” Thus, at the time of the Fourteenth Amendment’s
adoption, nearly every state understood “person” to include prenatal life. Third, the framers’ understanding of the
amendment’s legal application. The Framers expected the Fourteenth Amendment’s
guarantees of equal protection and due process would apply to every member of the human
species within U.S. jurisdiction. Senator Jacob Howard, who sponsored the Amendment
in the Senate, declared the Amendment’s purpose was to “disable a state from depriving
not merely a citizen of the United States, but any person, whoever he may be, of life,
liberty and property without due process.” Even the lowest and “most despised of the
[human] race” were guaranteed equal protection. As Justice Hugo Black later put it: “the
history of the [Fourteenth] Amendment proves that the people were told that its purpose
was to protect weak and helpless human beings.” Considering this evidence, it is clear Roe
v. Wade was wrongly decided. Preborn children are constitutionally entitled
to due process and the equal protection of
the laws. The Constitution, properly interpreted, prohibits
abortion under the Fourteenth Amendment, and every constitutional officer who swears an
oath to uphold the Constitution has a duty to ensure those rights are protected.

15 Comments

  • Ivana Kasardová

    Sorry, segregation was ruled constitutional ( https://en.m.wikipedia.org/wiki/Separate_but_equal ), so you can't prohibit it.

  • DR. ABUL HASAN DASANKOP

    If these inhuman fascist butchers had created the foetus or given life then no one would have raised voice against these inhuman zombies disgusting lot against humanity condemn such brutality killings of future generations

  • Suzu M

    I think we have another angle that needs looked at as well:
    Women think they are fighting patriarchy. They think men are restricting their lives by forcing them to carry a baby to term.
    They ask men, "Do YOU have legal restrictions on YOUR body?"
    The answer is a downright, "Absolutely!
    I am NEVER allowed to father a child unless a female tells me I can!"

    That disgusts me.
    Women have complete control of men in so many areas.
    They flirt, but guys can't respond or it's sexual harrassment.
    They expose almost every inch of their body, but men can't look at or touch or show interest at what is 'presented'. They want equal pay for jobs they have to have men assist them with
    (My husband had to do all the heavy lifting of a female coworker's job BESIDES all his own work, and for the same pay.) The military have lowered the physical ability standards for the females, even though they are not likely to be able to carry a 'brother' off a battle field. That is grossly unfair to the men! In one case, in a training competition the Win was given to the females, even though their requirements were not even close to what the men were required to do. Fair? Sensible?
    Not. At. All.

    Women are literally Out of Control, not only out from beneath patriarchal control, but of SELF-control.
    In fighting patriarchy, they have become matriarchs, and that's even more evil -the RESULTS have proven more evil.
    So we need to start asking judges why women have been given this control.
    Why do women always win the upper hand?
    Clearly they are failing as leaders. 3,000 babies being slaughtered EACH DAY is NOT exhibiting wisdom, intelligence, or cabability.
    It's behaving like some out of control monster in the scariest thriller of all time. Made especially scarey because wiser men and women haven't stopped this abuse of justice as soon as it was evident.
    The first year abortion stopped being Rare, was the clear time to overturn Roe v Wade. It shouldn't have passed at all!
    If women are so 'wise' and able to make decisions, why do they repeatedly make the wrong ones?
    Maybe it's time to repeal Roe v Wade just so women can face the consequences of their sexual decisions. Maybe THAT will wake them up out of this nightmare.
    Every time they use their privilege to kill their baby, they destroy someone else's right to have a child, by killing another citizen's baby.
    To make any legal sense at all, at the MINIMUM, an abortion should require BOTH biological parents' (of the baby being killed) signitures.
    Otherwise, this is a tyrannical matriarchy.

    Truthfully, there is only ONE solution, but people can't emotionally handle obeying a mighty God and living out life the way He perfectly designed it to be lived.
    Husbands love your wife Wives respect your husband, your children are a blessing. Trust in Me, I seek your good.

    It's long past time to take a stand against matriarchy.

  • Craig TheSchmeg

    Question: If abortion is a Constitutional right, why is it such an issue now after almost 50 years since Roe vs Wade?
    Answer: Because this is about taxpayer funded abortion, nothing more.

  • Damian Vigorito

    It's cool. this doesnt change people's minds. what it does is it finds true ladies and gentlemen and preserves them

    The law means one thing. Someones going to try to fuck you up. .
    Criminals dont care. Catholics shouldn't either.

  • Aniarable Channel

    A great Pro-Life organization that works towards an end to abortion is 40 Days to Life. Consider checking out their website and participating in their upcoming Lenten campaign. God Bless.

    https://www.40daysforlife.com/

    P.S. I'd appreciate it if you could like this comment so it will go towards the top and allow more people to see it.

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