Judge Issues Abortion Law Injunction

FNC ^ | Wednesday, November 05, 2003

[Diamond]

I want to see the ban struck down too. It's beyond the enumerated powers of Congress.

Really? Perhaps you can explain the meaning of that section of the Fourteenth Amendment, which states that, "...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Cordially,

[TheAngryClam]

See the words "state?"

Not federal government.

And most states have passed statutory abortion laws- the legislative process is due process. Any substantive due process is judge-made BS.

[Diamond]

And most states have passed statutory abortion laws- the legislative process is due process. Any substantive due process is judge-made BS.

So far so good. But what then is the stated Constitutional remedy for states such as New York that 'legalized' child-killing?

Cordially,

[TheAngryClam]

Nothing.

The due process was the legislature debating and passing the law.

[Diamond]

The due process was the legislature debating and passing the law.

Not so. You know the old Colonial American saying; "No one's life, liberty or property are safe while the legislature's in session." What if a State made a law legalizing slavery? The Constitution in the Fourteenth Amendment assumes a higher authority to prohibit such deprivation of life, liberty and property. Due process is a much broader concept than just a legislature passing a law. Child-killing is one such self-evident denial of the inalienable rights referenced in the Amendment, which no legislature or court has the authority to abrogate.

Again the text:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Cordially,

[TheAngryClam]

Slavery is governed by the 13th Amendment, not the 14th.

And I'm repeating that the process of passing a law, in a properly debated legislative session, IS due process of the law.

What you are arguing for is the expansion of the 14th Amendment's due process clause to cover "rights" to abortions, sodomy, etc.

Sorry, I'm not going to trash the Constitution with you.

[Diamond]

Slavery is governed by the 13th Amendment, not the 14th.

The Fourteenth Ammendment was designed to grant citizenship to and protect the civil liberties of recently freed slaves. The three post-war reconstruction Amendments (13,14 & 15) cannot be considered in isolation.

Due process by definition means the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. Any comprehensive defintion of the term thus cannot be limited to legislative action, but must also include the other two branches of government.

I'm not interested in trashing the Constitution either, but what I have asserted as a fact is that the Constitution in the Fourteenth Amendment assumes a higher authority to prohibit deprivation of life, liberty and property on the part of the States. You have not answered or rebutted this central assertion in your replies so far.

Cordially,

[Coleus]

http://www.freerepublic.com/focus/f-news/993490/posts

I'll have to do some more research, generally speaking most women die "during" birth and not from being pregnant(sure some women develop some health problmes i.e. gestational diabetes, pre-enclampsia, placenta privia, etc. but usually medical intervention treats these maladies safely. There is a thread here of a woman who had chemo with no damage to the baby.) If I'm not mistaken an ectopic pregnancy can kill a mother but then again I read on BBC that a fetus attached itself to a liver and both mother and child lived.
http://news.bbc.co.uk/2/hi/health/2932608.stm

This argument doesn't hold water so to speak because the procedure itself is more apt to injure the mother rather than the birthing process itself. Pro aborts don't tell you that the D & E procedure negatively affects the health of the mother and can cause death.

Many births are done via C-sections under controlled environments where the health of the mother is just fine.

[hocndoc]

Thanks for the ping.
After 15 weeks, it's statistically safer to go to full term and delivery than to have an intentional abortion.