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To: BenKenobi
Well, unfortunately for conservatives, your position is the current law of the land, and it has not worked out well for the unborn. The Supreme Court has found the right to an abortion to be a right retained by the people under the Ninth Amendment via a non-incorporating incorporation argument of the 14th Amendment. There is now no sensible way to argue against that except via the Tenth Amendment.

That was the status quo ante in 1972 and it is correct. Throughout all US History, the States determined when a person was alive or not alive; at the end of life, they still do. If you want no abortion in all fifty States, campaign against it in all fifty States.

12 posted on 07/28/2011 6:58:57 PM PDT by FredZarguna (Can we be series for a moment, please?)
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To: FredZarguna

Absolute unmitigated nonsense. The law prior to Roe did not treat the unborn in NY different from the unborn elsewhere.

If the federal government does not have the obligation to protect the innocent throughout america, then there is no point to having a government at all.

As for the ‘incorporation’ argument failing, the unborn were and had been well protected until the passing of Roe, where abortion was recognised as a constitutional right. It’s not the fault of the incorporating law, but rather, a fault of those who wished to see abortion in ascendency.

States do not have the right to declare unpersons. A state cannot class a group of people as not deserving of citizenry or the obligations rleated to the civil protection laws that prevent all of us from committing crimes. Period.

“That was the status quo ante in 1972 and it is correct. Throughout all US History, the States determined when a person was alive or not alive; at the end of life, they still do. If you want no abortion in all fifty States, campaign against it in all fifty States.”

False, the 14th explicitly says to the contrary that they do not have this right, they cannot declare a person to be dead or alive, or declare a person to be not a person.

Prior to Roe, this was the case throughout America which is why Roe was required in order to impose a constitutional right to abortion that may not be abridged by prior amendments.

At present, the first target must be Roe, but when Roe falls, so does abortion in all 50 states.


17 posted on 07/29/2011 5:44:01 AM PDT by BenKenobi (Honkeys for Herman!)
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