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To: Mr. Silverback
“Roe v. Wade is a States Rights issue.

If so, then any state should be able to decriminalize owning an African if they feel like it.”


Besides being Godless and immoral, slavery is specifically covered in the Bill of Rights,

“All Men are Created Equal”.

The Constitution does not address abortion in any fashion, therefor the Federal Government has no authority per (I believe) the 10th Amendment which states that a power not specifically vested by the US Constitution to the Federal Government shall be construed as a power or authority by the Federal Government.

It is a States Rights issue.

769 posted on 04/18/2007 5:39:39 PM PDT by Milwaukee_Guy (Don't hit them between the eyes. Hit them right -in- the eyes!)
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To: Milwaukee_Guy

I disagree. The 14th Amendment declares the nobody will be deprived of life without due process of law.

Babies are deprived of life without due process of law.

Therefore, abortion is unconstitutional, as a Federal matter which supersedes state’s rights considerations, as a matter of law.

That is the correct answer constitutionally, but it is an extremely bold step because it departs so far from existing precedent.


778 posted on 04/18/2007 6:14:43 PM PDT by Vicomte13 (Le chien aboie; la caravane passe.)
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To: Milwaukee_Guy
Besides being Godless and immoral, slavery is specifically covered in the Bill of Rights, “All Men are Created Equal”.

That's not in the Bill of Rights, it's from the Declaration of Independence. And you may have noticed that the guy who wrote it owned slaves. The Declaration also says that among our inalienable human rights is the right to life. Abortion surely eliminates that. So, if we're going to play by your rules and say mention in the Declaration gives the federal government a power, they would therefore have the power to protect life.

BTW...nothing against the Founders, but the other inalienable rights Jefferson listed were liberty and the pursuit of happiness, two other things denied the slaves until almost 90 years after the Declaration. So, your citation makes no sense.

The Constitution does not address abortion in any fashion,

It doesn't mention lynching either, but the federal government acted in lynching cases because life was being taken without due process. It doesn't mention kidnapping or sex trafficking, but the feds act in those cases because liberty is being taken away without due process. As for your 10th Amendment concerns, the 14th Amendment supercedes that, specifically the Due Process clause.

It is a States Rights issue.

A state government can decide that a human can be killed without due process? Well, what would stop the Wisconsin state government from saying that it's open season on guys with "Milwaukee" in their internet screen names? If the 14th Amendment doesn't apply to a baby, why does it apply to you?

823 posted on 04/18/2007 8:37:41 PM PDT by Mr. Silverback (A pacifist sees no distinction between the arsonist and the fireman--Freeper ccmay)
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