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To: EternalVigilance
Yeah, I assumed you were relying on the 14th Amendment and I suspected you might even be relying on language in the Declaration of Independence, which would of course be a bit more controversial.

As to the Fourteenth, I suspect some of the folks you're talking about would be making the sort of distinction that came up in Shelley v. Kraemer - that the 14th Amendment only forbids "state action" and that most abortions are private events and not the act of the state government. I think even those folks might agree that the 14th Amendment would prohibit a state from imposing an abortion contrary to the mother's wishes.

In any event, I suspect the the folks you're talking about are making that kind of distinction and thus feel that a state can properly refuse to make private abortions illegal. Does the 14th Amendment require states to criminalize all forms of homicide?

I see your point and I think the Shelley case provides some ammunition for your position, but I can imagine a Supreme Court going the other way.

A related question is whether the Federal Government would have the power to pass a law banning all abortions nationwide. I think that it does have that power, but I recognize that there are some states rights fans who would disagree with me on that.

189 posted on 12/30/2010 9:47:38 PM PST by Walts Ice Pick
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To: Walts Ice Pick

It not only has the power to do so, it has the imperative obligation.


190 posted on 12/30/2010 9:49:54 PM PST by EternalVigilance (I'm not a Democrat. I'm not a Republican. I'm a Christian and an American.)
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To: Walts Ice Pick

Every state is guaranteed a republican form of government.

The idea that you could possibly have an American republic that allowed the murder of the innocent is ludicrous.

Such an idea is a gross violation of the country’s most important cornerstone principles.

I swear, people have lost their minds. They’re straining at gnats and swallowing camels.


191 posted on 12/30/2010 9:52:41 PM PST by EternalVigilance (I'm not a Democrat. I'm not a Republican. I'm a Christian and an American.)
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To: Walts Ice Pick

By the way, if you visit the US Code at its primary home, the US House of Representatives, you will see that the Declaration of Independence is the first part of the organic law of this country.

It is our nation’s charter.

It is every bit as much a part of the law as a cornerstone is part of a building.

And just as important.

The Constitution, at least after its opening statement of purpose - which, by the way, abortion violates in every single clause - is the rule book.


192 posted on 12/30/2010 9:59:56 PM PST by EternalVigilance (I'm not a Democrat. I'm not a Republican. I'm a Christian and an American.)
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