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To: dschapin
First, If we are not supposed to amend the constitution to end something as tragic as the murder of millions of American citizens every year, then when is an amendment to the constitution legitamite. Surely, there was some reason that the founders specifically outlined a process for amending the Constitution.

Actually, no, that is NOT what the amendment process is for. The amendmend process is designed to correct problems with the functioning of the Constitution itself, not push partisan agendas. Amendmend is about constitutional self-correction, not codifying partisan political positions, no matter how worthy they may be. The proper place for addressing abortion is in statutory law.

Second, doesn’t the 14th Amendment which specifically gives congress the power to legislate in order to ensure that no state deprives anyone of life, liberty or property without due process of law and that no person is deprived of the equal protection of the laws already give Congress that power to intervene when a state legalizes the murder of any class of people. If that power has already been granted to the federal government by the 14th Amendment then it cannot by definition violate the 10th Amendment.

Your own argument is self-defeating - if the 14th amendment can already be used as you say, then there is no NEED for an HLA. Further, for Congress to intervene, well, this only involves rights specifically delineated in the BoR, which are silent about abortion.

Finally, there is a huge difference between enacting a constitutional amendment and judicial activism. Judicial activism (a living constitution) is bad because it is anti-democratic. Unelected judges are changing the social contract which we all agreed to live by. In contrast an Amendment is ratified in exactly the same way that the 10th Amendmnet was ratified and is thus every bit as authoritative. If we truly believe, as Lincoln said that the American Government is “of the people, by the people, and for the people” than surely the American people have the right to amend the constitution through a democratic process.

No, there isn't much of a difference. Either way, the Constitution is being frivolously used for an agenda. My advice to fellow pro-lifers is to stop the quixotic quest for an HLA which is never going to pass the amending process anywise, and instead focus on judges, federalism, and regulating the abortion industry to death. THESE are what is going to save babies' lives, not a never-ending quest for an unpassable HLA. Dschapin, are you really interested in saving little babies' lives, or are you just interested in power politics?

510 posted on 11/14/2007 11:30:12 AM PST by Titus Quinctius Cincinnatus (Conservatives - Freedom WITH responsibility; Libertarians - Freedom FROM responsibility)
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To: Titus Quinctius Cincinnatus

I think we can multi-task and work on both a constitutional amendment, legislation based on the 14th Amendment, and other forms of regulation - like mandatory ultrasounds before any abortion - all the same time. I also use support of a constitutional amendment to gauge how committed to the pro-life cause a candidate really was. If I sensed that Fred Thompson was a committed pro-lifer and he simply disagreed with me on tactics it wouldn’t bother me too much. However, he seems to be trying to push social conservatives as far away from himself as he can and still get our votes. If he is doing this during the primary season I expect it will get much worse during the general election and after he is elected. I guess I just don’t trust him on social isses.


518 posted on 11/14/2007 3:03:32 PM PST by dschapin
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