“The definition and punishment for the various forms of homicide is most certainly a State’s right, but whether or not abortion is homicide is not. The 10th does not justify or permit Parties’ ‘acceptance of the pro-abort.’”
On the contrary if killing is not murder it is simply killing. By defining murder the State implicitly must define what killing is murder.
The Federal Goverment no where in the Federal Constitution is authorized to define when life begins for the States.
This question in its most pure form is a religious question. The Catholics have long maintained that life begins at conception. Other religions both in and out of Christianity hold different positions.
But for the propose of the Protection of the laws of the State. the Question of where human life begins and thus when killing becomes murder is invariably that of the State.
To give you a little perspective, the Roman Empire did not regard it as murder until you became the family paternal.(oldest male) That the rest of the family was effectively the Paterfamilies property. Thus the killing of any family member by anyone else was a bit like a property crime against the Paterfamilies.
None of us have any right to object to any state of theses united States from adopting the same stance in the extreme. Likewise any State can recognize the individual(independent of family) as becoming subject to direct state protection and subornation by defining such a beginning at conception.
To discriminate as to which human beings are *human enough* to deserve protection from killing ignores science, which gives us more information about embryology and human development than the Romans had.
Nevertheless, this is not the Roman Empire. This is the United States of America, where the law is not based on a right not to be killed that is given and taken away by the State. It is endowed on all human individuals, independent of the opinion or decisions made by other individuals, including the States.
The States may have different levels of punishment and criteria for self defense, neglect or non-intentional homicide, but all of those laws are based on the right to life.