Philosophically speaking, the Preamble of the Constitution sets an even higher bar.
The Preamble explains the entire raison d'être and specifically includes, among its purposes to, "...secure the blessings of liberty to ourselves and our posterity..."
If one defines 'posterity' as those generations to come, or those yet unborn, it would appear the Constitution's declared intent was to recognize and protect the rights of Americans not yet conceived, much less those unborn :-) To deny that, one would have to come up with a pretty twisted and tortured definition of "posterity.'
Life... Liberty... and the pursuit of Happiness
Life being the first Right we exercise.
how can abortion be Constitutional if it denies the Right to Life for the unborn?
-PJ