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To: Liz
Excellent analysis.

Now I have a question for you.

You state, "Another wrongheaded aspect of Roe v Wade might be remedied with legislation by the Congress certifying that the unborn are "persons."

"The USSC decision specfically states that under the equal protection clause of 14th Amendment, the unborn child is not considered a "person" and therefore has no legal rights under US law (14th Excerpt: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof......")."

I believe Rep. Ron Paul has introduced legislation to certify an unborn as a person.

But I see a potential problem, since I am original meaning constitutionalist.

19th century medical technology declares they did not know when life began.

Subsequently, when the 14th amendment was written, it used the word "born."

Since no law can usurp or have superiority over the Constitution, it appears to me that the 14th amendment will need to be amended to certify an unborn as a "person."

What do you think?

12 posted on 06/02/2005 4:02:02 PM PDT by tahiti
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To: tahiti

The founders certainly never entertained the fact that the 14th would refer to the taking of innocent life---when in fact at the time of the writing there was near universal antipathy toward abortion---even doctors took the Hippocratic oath never to perform abortions---or that we would be quibbling over the word born, which would certainly rule out p/b abortions. That said, it remains to be seen how the legislation plays out.


13 posted on 06/02/2005 4:43:34 PM PDT by Liz (A society of sheep must, in time, beget a government of wolves. Bertrand de Jouvenal)
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To: tahiti
What if we naturalize all unborn persons conceived in the United States? That might present the problem of people coming to the U.S. just to give their future children dual citizenship, but we could require that at least one of the parents be American.
15 posted on 06/02/2005 6:18:48 PM PDT by mcg1969
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To: tahiti

The Declaration of Independence says, "All men are CREATED equal." Not born equal which of course they aren't- equal or even all born anymore.


17 posted on 06/02/2005 7:00:33 PM PDT by msamizdat
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