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Ron Paul's Approach to Reversing Roe v. Wade
The New American ^ | 2009-01-23 | Warren Mass

Posted on 01/24/2009 8:44:42 PM PST by rabscuttle385

Yesterday, January 22, saw a veritable army of pro-lifers participate in the 35th annual March for Life in Washington, D.C. This demonstration of public sentiment was first held in 1974 to mark the first anniversary of the Supreme Court’s Roe v. Wade decision. In that decision, of course, the Supreme Court ruled that all state laws prohibiting abortion were unconstitutional. Since then, an estimated 50,000,000 babies have been killed in the womb in the United States.

As we observed yesterday, ever since the Roe v. Wade (and the less publicized Doe v. Bolton) decision, the primary strategy among pro-life people has been to overturn Roe by electing so-called pro-life Republican presidents who will appoint strict constructionist justices to the Supreme Court. Theoretically, this strategy will eventually lead to the overturning of Roe v. Wade.

...at yesterday’s rally, Gray told those gathered that the battle for life had to be won at the federal level, that it was not enough to send the issue back to the states, where abortion could be legal in one state and illegal in the next.

Of course, that strategy overlooks the fact that abortion, like other crimes, was criminalized on the state level prior to Roe v. Wade. In fact, it was Roe v. Wade that interjected the federal government into the abortion issue in the first place and at the same time made abortion on demand legal throughout the United States. Since the federal "solution" to the abortion issue has resulted in a holocaust of 50 million preborn babies since 1973, why should a return to the pre-1973 approach of prohibiting abortion on the state level be rejected now in favor of another federal "solution"?

(Excerpt) Read more at thenewamerican.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: 111th; abortion; congress; courts; jbs; lping; moralabsolutes; paulistinians; prolife; ronpaul; scotus
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Also, FTA:

Fortunately, there exists a simpler, more practical strategy to protect life (and other things we cherish), provided for in Article III, Section 2 of the U.S. Constitution. This section allows Congress to strip the Supreme Court of any cases (e.g., abortion cases) where the Supreme Court does not possess original jurisdiction. Congress can also limit the jurisdiction of any lower federal courts, since Congress created those courts. Congress could make Roe v. Wade a nonproblem overnight, since by prohibiting the federal courts from hearing abortion cases the states could then put back in place anti-abortion laws.

This remedy has already been introduced by Rep. Ron Paul (R-Texas) in the new (111th) Congress as H.R. 539, the “We the People Act.” H.R. 539 would remove the jurisdiction of the Supreme Court and other federal courts from cases related to the free exercise or establishment of religion; the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction (e.g., abortion); the right to marry without regard to sex or sexual orientation (same-sex marriage).

The legislation would also prohibit the federal courts from relying on any judicial decision involving any issue referred to in the above list. In other words, it would remove Roe v. Wade and similar decisions from judicial precedent.


1 posted on 01/24/2009 8:44:49 PM PST by rabscuttle385
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U.S. House of Representatives, 111th Congress, First Session: H.R. 539, To limit the jurisdiction of the Federal courts, and for other purposes
2 posted on 01/24/2009 8:45:54 PM PST by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
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To: rabscuttle385

Hmmm ... 50,000,000 ... that probably would have turned SOCIAL SECURITY into a minor Annoyance Instead of the Major PITB it has become!!

Shortsighted Liberal MORONS!!


3 posted on 01/24/2009 8:47:30 PM PST by gwilhelm56 (Mullah Hussein ... which part of "CONGRESS SHALL MAKE NO LAW" ...did you NOT UNDERSTAND??)
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To: bamahead; Gondring; djsherin; murphE; Bokababe

Of course, we all know that Ron Paul is just another “fringe kook”! /sarc


4 posted on 01/24/2009 8:47:55 PM PST by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
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To: rabscuttle385

Not this insane radical left congress..........


5 posted on 01/24/2009 8:50:38 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: rabscuttle385

The author of this piece apparently hasn’t heard of the results of the last election.

Not only will new restrictions on abortion not be put in place, but the present minimal restrictions will be wiped away.

It is likely that taxpayer funding for abortions will expand.

IOW, the train is headed in the opposite direction.


6 posted on 01/24/2009 8:59:18 PM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: rabscuttle385

The Constitution... what’s that?


7 posted on 01/24/2009 9:02:08 PM PST by djsherin (The federal government:: Because someone has to f*** things up!)
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To: rabscuttle385

The only positive out of this election (besides no more McCain) is that Obama was pretty shy about the abortion issue and actually it was rarely brought up...and tried at least flaunted some of his pro-life supporters. Not to mention, the appointment of Ray Lahood in the cabinet. I remember in 92 the Dems were trying to outdo each other on the issue. Not to mention, Clinton had a pro-abortion litmus test for his cabinet. It gives a glimmer of hope that at least public opinion is turning.


8 posted on 01/24/2009 9:07:25 PM PST by Fast Ed97
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To: rabscuttle385

Excellent idea: HR 539. I shall write supportive letters to my political leaders and follow its progress.


9 posted on 01/24/2009 9:14:09 PM PST by Falconspeed ("Keep your fears to yourself, but share your courage with others." Robert Louis Stevenson)
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To: rabscuttle385
or, the Supremes could decide WHEN life begins ( which they refused to do in Roe v. Wade )that life begins at conception.

or

Individual states could decree that life begins at conception.

10 posted on 01/24/2009 9:18:06 PM PST by stylin19a (I listen to the voices in my golf bag)
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To: rabscuttle385

I agree w/ this - I would assume this means it gets passed down to the states/local govts. for a vote so it is state by state and more federalist? If that is the case - love her or hate her, that’s why I was a fan of Gov. Palin because she kept saying she wanted states to have more control and less govt. intervention. Nobody and No law is perfect but this article is my ideal for how govt. should be run.


11 posted on 01/24/2009 9:21:30 PM PST by Lilpug15 ("I Call Him the Forgotten Man - He works, He votes, He generally prays - but He Always Pays": Sumner)
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To: rabscuttle385

“another federal solution ...”

Ummmm, don’t they mean “another FINAL solution ...”


12 posted on 01/24/2009 9:23:15 PM PST by deannadurbin
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To: Fast Ed97

If Obama has one pro-life member of his cabinet, or high-ranking in his administration, let me know and I’ll believe he doesn’t have a pro-choice litmus test. He said he has one for judges. He’s against the Born Alive Protection act, he’s for FOCA and wants it to be one of his first acts, he’s reversed Bush’s order banning funds to agencies performing abortions abroad, he’s restarted funding for embryonic stemcell research, he’s removed some of the protection for medical personnel declining to participate in abortions and FOCA will take that further.

Obama’s propaganda glamour machine will be called in to go to work on public opinion regarding abortion. I am not optimistic.


13 posted on 01/24/2009 9:24:39 PM PST by heartwood (Tarheel in exile)
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To: rabscuttle385; EternalVigilance
Of course, we all know that Ron Paul is just another “fringe kook”!

I know you're being sarcastic, but the Ron Paul hatred was so intense prior to the primaries here that there were some FReepers accusing him of being pro-abortion just because Paul didn't support a Constitutional Amendment banning abortion.

I'm all for a constitutional amendment, but in the short term I would rather see R v W overturned and states deal with abortion. Of course, Eternal Vigilance will vehemently disagree with me.

14 posted on 01/24/2009 9:26:52 PM PST by Extremely Extreme Extremist (The Libertarian and Constitution Parties should merge into one)
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To: rabscuttle385

BTTT


15 posted on 01/24/2009 10:17:39 PM PST by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: gwilhelm56

“50,000,000 ... that probably would have turned SOCIAL SECURITY into a minor Annoyance Instead of the Major PITB it has become!!

Shortsighted Liberal MORONS!!”

Killing innocents trumps their social programs, I guess. Sad.


16 posted on 01/24/2009 10:23:44 PM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: Sun

Don’t forget the shortages of healthcare workers, etc. Who knows what 50,000,000 Americans would be doing. It’s almost assured there were genius innovators in there (not that it makes the other lives less valuable, just giving a concrete example of the loss).


17 posted on 01/24/2009 10:42:02 PM PST by MoTiger
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To: MoTiger

“Who knows what 50,000,000 Americans would be doing.”

Good point. And one of them might have had the cure for heart disease, and another for cancer.


18 posted on 01/24/2009 10:58:17 PM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: stylin19a

You know mathematically that there is only one logical point at which life begins, and that is conception.

It is a fact that abortion kills a human life.

I asked a woman who was pro choice to prove to me that the babies that were being killed were not humans, and of course she could not. She tried to change the subject to viability, and I told her I was not interested in viability, only whether or not the baby was a human.

She tried to use the common liberal BS, and I called her on everyone of her illogical points. Then of course she got mad. I told her that I pray for every woman who has had an abortion. She asked me why would I pray for them. I replied that I would not want to meet GOD if I had killed one of his children. She turned white, and I asked her if she had an abortion. She said yes.

I told her to repent,and to seek GOD’s forgiveness, and to save as many children as possible from being aborted. I do not know if she has repented. Pray for her.

I know that when we meet the MAKER we will feel the suffering and pain that we caused in this world as part of our judgment. I would not want to feel the pain and suffering of these poor defenseless children that are being killed.

GOD save us.


19 posted on 01/24/2009 11:28:44 PM PST by Do the math (Doug)
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To: rabscuttle385
Article underscores the facts forgotten in recent years. "Abortion rights" advocates were not gaining ground in the US until the activism of SCOTUS in Roe v. Wade. I can't speak from memory of all the different state laws, but in California, abortion was always illegal except in the cases of rape, incest, or where the life of the mother was endangered by giving birth.

The question of citizenship/personhood in the law is traditionally reserved to the individual states as intended by the framers. These matters are best addressed on the state level. This is why I have always supported federalist candidates and will continue to do so.

20 posted on 01/24/2009 11:31:46 PM PST by GVnana ("I once dressed as Tina Fey for Halloween." - Sarah Palin)
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To: GVnana

The 14th amendment took the definition of citizenship out of the hands of the states, and the language of the amendment makes personhood an unavoidable federal issue, since the amendment requires equal protection of all persons.

The federalism/states’ rights approach to abortion is inoperative.


21 posted on 01/24/2009 11:42:26 PM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: Philo-Junius
I quote Ron Paul's article:

Since the federal "solution" to the abortion issue has resulted in a holocaust of 50 million preborn babies since 1973, why should a return to the pre-1973 approach of prohibiting abortion on the state level be rejected now in favor of another federal "solution"?

The states CAN address the issue, if we had politicians with any leadership, guts and intelligence.

22 posted on 01/24/2009 11:46:40 PM PST by GVnana ("I once dressed as Tina Fey for Halloween." - Sarah Palin)
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To: GVnana

Hard as it may be to conceive, Ron Paul is wrong here; the 14th Amendment requires the Federal government to define personhood. In Roe v. Wade it did so, wrongly; if that definition were indeed rectified it would indeed require the Federal government, under the equal protection clause, to strike down abortion everywhere.

There is, barring another constitutional amendment, no longer any possibility of a house divided on this issue.


23 posted on 01/24/2009 11:50:54 PM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: Philo-Junius
the 14th Amendment requires the Federal government to define personhood

Well, I'm no constitutional scholar, but it seems to me the 14th amendment defined federal citizens, but never removed the definition of state citizen.

14th Amendment. "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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."

How would the federal government circumvent a state giving the rights of citizenship to the unborn?

24 posted on 01/25/2009 12:07:10 AM PST by GVnana ("I once dressed as Tina Fey for Halloween." - Sarah Palin)
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To: GVnana

Because the federal government has already declared the unborn nonpersons—state law cannot overturn federal law.


25 posted on 01/25/2009 12:08:41 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: rabscuttle385
For 10 years Congressman Duncan Hunter introduced the Life at Conception Act. IIRC, the torch was passed to him by Rep. Dornan, who had introduced the bill for years prior.

If passed, it would define life as beginning at conception.
If that happened, the Preamble, 5th, and the 14th amendments would apply to protecting the lives of the unborn,
an admission made by the court in their Roe v. Wade ruling when Justice Blackmun wrote;
If this suggestion of person-hood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.

Last year Hunter's bill had over 125 co-sponsors.
The republicans had the majority in the house from 1994-2006. Were these bills ever passed or even voted on?

With ultra sounds/sonograms there is no longer any question or confusion about the person-hood or humanism of an unborn child.

Recently someone I know had an ultra sound at 7 weeks pregnant. She commented how the new baby looks exactly like her little boy.

Another question for those that believe this issue should be relegated to the states:
Is the definition of murder left up to the states to define or is it federally set?

26 posted on 01/25/2009 12:08:48 AM PST by Just A Nobody (I *LOVE* my Attitude Problem - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just A Nobody

And this is precisely why the 14th Amendment was passed—to prevent the states from determining, for instance, that freed slaves were not legal persons.


27 posted on 01/25/2009 12:10:56 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: rabscuttle385

Can you name the bill(s) that Dr Ron Paul started to curtail abortion?

He has been in Congress since the Ford days, there must be dozens.


28 posted on 01/25/2009 12:16:55 AM PST by NoLibZone (Islam must be completely eradicated from the face of the Earth.)
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To: rabscuttle385

Yeah, brilliant. 535 members of Congress are all going to stand up and say “Hey, make me the target!”

This idea is dumber than something Gov. Moonbeam, Jerry Brown, of California would cook up.


29 posted on 01/25/2009 12:52:01 AM PST by papertyger
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To: Sherman Logan
IOW, the train is headed in the opposite direction.

Any tactic that does not disable the "human shield" defense of abortion used by American woman is doomed to ignominious failure.

Extending "choice" to men is the only realistic approach to curtailing the female monopoly on "reproductive rights."

30 posted on 01/25/2009 1:12:42 AM PST by papertyger
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To: Do the math
I asked a woman who was pro choice to prove to me that the babies that were being killed were not humans, and of course she could not. She tried to change the subject to viability, and I told her I was not interested in viability, only whether or not the baby was a human.

A 3 day old baby isn't capable of taking care of itself...it is not viable without outside help...so I guess murdering living babies would be fine by her as well. And suppose the woman had a 25 year old daughter who was in a car crash and was seriously injured and wouldn't live without medical assistance...guess she believes her daughter ceases to be a human for a time and she may be allowed the choice rather to kill her daughter or not. Viability is not a rational, moral argument.

With the blood of 50,000,000 babies on their hands, liberals owe the nazis an apology.

31 posted on 01/25/2009 1:21:10 AM PST by highlander_UW (The only difference between the MSM and the DNC is the MSM sells ad space in their propaganda)
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To: Just A Nobody
Is the definition of murder left up to the states to define or is it federally set?

Murder falls under state criminal jurisdiction.

32 posted on 01/25/2009 1:34:17 AM PST by GVnana ("I once dressed as Tina Fey for Halloween." - Sarah Palin)
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To: Philo-Junius

Im what decision did the federal government make such a declaration? Seems to me they have tip-toed around the issue.


33 posted on 01/25/2009 1:36:40 AM PST by GVnana ("I once dressed as Tina Fey for Halloween." - Sarah Palin)
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To: Extremely Extreme Extremist

“Pro-choice” for individuals or “pro-choice” for states, either way, the babies are dead, and so is the heart of our founding documents.


34 posted on 01/25/2009 2:45:36 AM PST by EternalVigilance (God is watching and listening.)(The Personhood Imperative: www.BanAbortionNOW.com)
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To: NoLibZone
Can you name the bill(s) that Dr Ron Paul started to curtail abortion?

Can anyone name anything cut and run has done except blame America for everything bad that has happened in the world.
35 posted on 01/25/2009 2:56:26 AM PST by John D
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To: Philo-Junius
the 14th Amendment requires the Federal government to define personhood

The 14th Amendment was passed because the federal government desired the ability to define 'personhood', something that it was never given by the Framers.

But a contract of this nature actually existed in a visible form, between the citizens of each state, respectively, in their several constitutions; it might therefore he deemed somewhat extraordinary, that in the establishment of a federal republic, it should have been thought necessary to extend it's operation to the persons of individuals, as well as to the states, composing the confederacy.
It was apprehended by many, that this innovation would be construed to change the nature of the union, from a confederacy, to a consolidation of the states; that as the tenor of the instrument imported it to be the act of the people, the construction might be made accordingly: an interpretation that would tend to the annihilation of the states, and their authority. That this was the more to be apprehended, since all questions between the states, and the United States, would undergo the final decision of the latter.

Volume 1 - Appendix, Note D, Section 1
St. George Tucker's View of the Constitution of the United States

The 14th Amendment is pure, legalistic slight-of-hand in an effort to give the appearance of federal control over the States.

In fact, you can see the hubris yourself in the quote by one of the 14th's co-sponsors:
"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Senator Jacob Howard, 1866

How about that! Congress decided it could re-write the Laws of Nature.

-----

For those with a penchant for truth, the 'limits of the United States' can be found in Article 1, Section 8, Clause 17 of the US Constitution.

Here is an excellent article on the meaning of “subject to the jurisdiction thereof”.

IMHO, the general government has illegitimately ASSUMED a power that it was never intended to have, and our Republic has suffered greatly for it.

36 posted on 01/25/2009 6:13:20 AM PST by MamaTexan (I am not a political, public, collective, corporate, administrative or legal entity)
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To: gwilhelm56

or they would have been on welfare


37 posted on 01/25/2009 9:01:34 AM PST by mel (Obama- show me the BC)
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To: Do the math
You know mathematically that there is only one logical point at which life begins, and that is conception. It is a fact that abortion kills a human life.
What this would imply that life ends at the death of the last cell.

Think of the implications of that.
38 posted on 01/25/2009 9:32:03 AM PST by dbz77
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To: Just A Nobody
If this suggestion of person-hood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.
Even if it were the case, it would not prohibit abortion.

The 14th Amendment only prohibits state and federal action, not private action.
39 posted on 01/25/2009 9:36:48 AM PST by dbz77
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To: papertyger

In a democratic system it is not possible to reverse a judicial decision you disagree with unless you have overwhelming public support.

It is highly debatable whether there is at present even a bare majority for repeal of Roe. Certainly politicians, media, academics and other elites are overwhelmingly in favor of keeping Roe in force. Probably a 2/3 majority in the general population would be required just to make it an even fight.

The only way a dramatically unpopular initiative can be passed is to have the Court find such a “right” hidden in the Constitution. So far, only liberals have been able to use this tactic.

Talking about possible methods for overriding Roe in these circumstances is like talking about how if your aunt had b*lls she’d be your uncle. The statement may be technically accurate, but it is comprehensively irrelevant.


40 posted on 01/25/2009 9:42:30 AM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: dbz77

Huh???


41 posted on 01/25/2009 11:03:33 AM PST by Just A Nobody (I *LOVE* my Attitude Problem - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: highlander_UW
A 3 day old baby isn't capable of taking care of itself...it is not viable without outside help...so I guess murdering living babies would be fine by her as well.

Well, it is okay with the ObombUs and his only accomplishment the born alive, or whatever it was called, bill in the IL state sInate.

42 posted on 01/25/2009 11:19:26 AM PST by Just A Nobody (I *LOVE* my Attitude Problem - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: MamaTexan

Whether or not it was a good idea, the 14th Amendment exists, and was duly passed by the process the Constitution described, which was something envisioned by the framers.


43 posted on 01/25/2009 11:37:41 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: dbz77

Even Brennan acknowledged that if the personhood of fetuses were recognised it would require the states, under their existing criminal statutes, to punish and act to prevent abortion.


44 posted on 01/25/2009 11:39:51 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: Philo-Junius

Sorry; that’s Blackmun, not Brennan.


45 posted on 01/25/2009 11:41:31 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: GVnana

Blackmun, in Roe v. Wade:

“The appellee and certain amici argue that the fetus is a “person” within the language and meaning of the Fourteenth Amendment.

“The Constitution does not define “person” in so many words. Section 1 of the Fourteenth Amendment contains three references to “person.” The first, in defining “citizens,” speaks of “persons born or naturalized in the United States.” The word also appears both in the Due Process Clause and in the Equal Protection Clause. But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application.

“All this, together with our observation, supra, that throughout the major portion of the l9th century prevailing legal abortion practices were far freer than they are today, persuades us that the word “person,” as used in the Fourteenth Amendment, does not include the unborn. This is in accord with the results reached in those few cases where the issue has been squarely presented. McGarvey v. Magee-Womens Hospital, 340 F. Supp. 751 (WD Pa. 1972); Byrn v. New York City Health & Hospitals Corp., 286 N. E. 2d 887 (1972); Abele v. Markle, 351 F. Supp. 224 (Conn. 1972), Montana v. Kennedy, 366 U. S. 308 (1961); Keeler v. Superior Court, 470 P. 2d 617 (1970); State v. Dickinson, 28 Ohio St. 2d 65, 275 N. E. 2d 599 (1971).

Indeed, our decision in United States v. Vuitch, 402 U. S. 62 (1971), inferentially is to the same effect, for we there would not have indulged in statutory interpretation favorable to abortion in specified circumstances if the necessary consequence was the termination of life entitled to Fourteenth Amendment protection.


46 posted on 01/25/2009 11:48:56 AM PST by Philo-Junius (One precedent creates another. They soon accumulate and constitute law.)
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To: rabscuttle385
Since the federal "solution" to the abortion issue has resulted in a holocaust of 50 million preborn babies since 1973, why should a return to the pre-1973 approach of prohibiting abortion on the state level be rejected now in favor of another federal "solution"?

It's obvious that certain "Pro-Life" activists were worried about their livelihood. A great deal of progress was being made in bringing the issue back to the states, where it belongs.

WWRTD? That is, What Would Randall Terry Do if the abortion battle were won? I think he realized five years ago that success in fighting abortion would lead to less attention for himself, so he spiked the decades-long strategy that was bearing fruit, and pushed for a Roe-justifying strategy of Federal primacy.

47 posted on 01/25/2009 12:44:52 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: bamahead

Ron Paul ping


48 posted on 01/25/2009 1:10:04 PM PST by Clintonfatigued (If greed is a virtue, than corporate socialism is conservative)
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To: dbz77; Do the math; stylin19a
What this would imply that life ends at the death of the last cell.

Think of the implications of that.

And there are plenty more implications. Consider the fact that half of the time that conception occurs, the zygote passes from the mother's body without coming to term even without artificial abortion! Think of all the homicide investigations that would be required.

And what of those who absorb a twin in the womb...manslaughter charges?


Attempts at politically defined science are absurd. Legal banning of abortion is one thing; trying to legally define reality is another.

49 posted on 01/25/2009 1:34:19 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Philo-Junius
Whether or not it was a good idea, the 14th Amendment exists, and was duly passed by the process the Constitution described, which was something envisioned by the framers.

No, it wasn't, no it doesn't, and it was nothing envisioned by the Framers since it attempt to turn the entire Compact inside out and give the federal government total control over the People.

Here is a paper by Judge L.H. Perez explaining why the 14th Amendment is unconstitutional.

Congress has the authority to regulate immigration, but it has NO authority to create citizenship.

In Joseph Story, Commentaries on the Constitution, he describes the people residing in the areas of exclusive jurisdiction and legislation.
§ 1218. The inhabitants enjoy all their civil, religious, and political rights. They live substantially under the same laws, as at the time of the cession, such changes only having been made, as have been devised, and sought by themselves. They are not indeed citizens of any state, entitled to the privileges of such; but they are citizens of the United States. They have no immediate representatives in congress.

IMHO, unless and until the People understand that those of us outside the areas of exclusivity enumerated in the Constitution are STATE citizens, not 'US' citizens, we and our children will have only privileges, not rights.

50 posted on 01/25/2009 1:37:51 PM PST by MamaTexan (I am not a political, public, collective, corporate, administrative or legal entity)
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