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The Constitution Has Already Established That Fetuses Are Not Legal “Persons”
Slate ^ | June 9, 2022 | Michael L. Rosin

Posted on 06/09/2022 9:20:12 PM PDT by where's_the_Outrage?

Last month, in response to the leak of Justice Samuel Alito’s draft opinon ending Roe v. Wade, the Louisiana legislature briefly considered a bill that would define a fetus as a person for the purpose of the state’s homicide law...... on page 16 of the draft opinion, Alito cites a brief by John M. Finnis and Robert P. George that argues that fetuses are legal people. Finnis and George are clearly wrong, though. This issue has already been considered and decided by the Reconstruction-era Congress. They definitively determined that fetuses do not count as “persons” for purposes of the 14th Amendment, as Finnis and George argue.....

The original public legal meaning of “persons” encompassed all human beings. On this, the legal meaning fixed by treatises and cases was confirmed by rapid mid-1800s expansions of prenatal protections. … the inclusion of children in utero could not have been blocked except by wording (easily available, but neither proposed nor adopted) such as “any person wherever born.”

From this they conclude that the history of the original public meaning of the Fourteenth Amendment:

proves prohibitions of elective abortions [are] constitutionally obligatory because unborn children are persons within the original public meaning of the Fourteenth Amendment’s Due Process and Equal Protection Clauses.......

Many of us are familiar with the great clauses of 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.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: abortion; bidenvoters; constitution; michaellrosin; persons; slate; unborn
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The author is suffering from rectal-cranium inversion.

If per the Constitution there are "persons born", there is inference of "persons unborn" which are therefore persons.

So when the Constitution states "nor shall any state deprive any person of life, " that means "persons born" AND "persons unborn".

IMHO

1 posted on 06/09/2022 9:20:12 PM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

“Persons born” is a subset of “Persons”. Try again, Slate.


2 posted on 06/09/2022 9:26:02 PM PDT by Romulus
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To: where's_the_Outrage?

I am afraid the authors cranial rectilitus has already progressed to cerebral fecaloma.


3 posted on 06/09/2022 9:26:29 PM PDT by D Rider ( )
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To: where's_the_Outrage?

He has to go all the way back to the medical mindset during reconstruction to defend his opinion. I think they were still doing bloodlettings and using leaches back then.


4 posted on 06/09/2022 9:27:41 PM PDT by 100%FEDUP (I'm seeing RED!)
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To: where's_the_Outrage?

The author might want to check with Scott Peterson to see if fetuses are considered persons or not.


5 posted on 06/09/2022 9:27:48 PM PDT by markomalley (Directive 10-289 is in force in the US -- already gone Galt TYVM)
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To: where's_the_Outrage?

There can be no constitutional right to murder.


6 posted on 06/09/2022 9:31:39 PM PDT by Brian Griffin
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To: where's_the_Outrage?

They’re doing exactly the same thing that tyrants have been doing for thousands of years; dehumanize the enemy when you’re at war with them. In this case they were at war with babies in the womb


7 posted on 06/09/2022 9:31:50 PM PDT by rottweiller_inc (inter canem et lupum They’re doing exactly the same thing that tyrants have been doing for thousands)
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To: 100%FEDUP

8 posted on 06/09/2022 9:33:46 PM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: where's_the_Outrage?

So it’s legal to kill an illegal alien?


9 posted on 06/09/2022 9:35:17 PM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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To: where's_the_Outrage?

Because the Founding Fathers, most having theological degrees, would make damn sure we’d be a nation that wouldn’t protect its unborn children.

What an idiot.


10 posted on 06/09/2022 9:36:42 PM PDT by Salvavida
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To: where's_the_Outrage?

“Finnis and George are clearly wrong.” False.
Finnis and Geogre are not wrong. Both scholars are brilliant legal analysts authoring many books with footnotes and stuff. Slate is still dead.


11 posted on 06/09/2022 9:38:24 PM PDT by Falconspeed ("Keep your fears to yourself, but share your courage with others." Robert Louis Stevenson.)
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To: DoodleBob

Theodoric of York!


12 posted on 06/09/2022 9:49:40 PM PDT by 100%FEDUP (I'm seeing RED!)
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To: where's_the_Outrage?

We just need an unelected board to define fetus as a person the same way they define gene therapy as a vaccine.


13 posted on 06/09/2022 9:56:25 PM PDT by JoeRed
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To: gitmo

>> So it’s legal to kill an illegal alien?

Seems that way — according to Rosin’s tortured reasoning.


14 posted on 06/09/2022 10:10:53 PM PDT by Gene Eric (Don't be a statist!)
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To: where's_the_Outrage?

When you declare some people to be non-persons it becomes legal to enslave them, to send them to gas chambers, or to abort them.


15 posted on 06/09/2022 10:12:01 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: gitmo

“So it’s legal to kill an illegal alien?”

The Fourteenth Amendment of the Constitution states:

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.

The last sentence in this paragraph from the 14th amendment is the telling. Not only are they saying you can kill an illegal because the fetus hasn’t reached citizenship status, but if you find a pregnant woman from another state that isn’t a citizen of the state she is in but a US citizen, the child can be killed at that point as it has no representation. So, 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. But until they make a law determining what is a person, they can continue to kill fetus and not completely born children, awake, with a heartbeat, and possibly screaming like partial birth abortion. But you notice it didn’t say citizen...it said person.

wy69


16 posted on 06/09/2022 10:37:56 PM PDT by whitney69
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To: where's_the_Outrage?

And slaves were property according to the Democrat Taney Supreme Court.


17 posted on 06/09/2022 10:48:40 PM PDT by tired&retired (Blessings )
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To: where's_the_Outrage?

But foreign nationals breaking into America and robbing our treasury are? Bull....!


18 posted on 06/09/2022 11:04:51 PM PDT by FlingWingFlyer (Don't blame me, I voted for President Trump.)
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To: where's_the_Outrage?

It sounds like Mikey is looking for another segment of humanity to pick on since it’s too dangerous to pick on blacks these days. What a scumbag.


19 posted on 06/09/2022 11:09:16 PM PDT by FlingWingFlyer (Don't blame me, I voted for President Trump.)
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To: where's_the_Outrage?

Sounds like the logic used for the Dred Scott decision.


20 posted on 06/09/2022 11:25:25 PM PDT by Republican Wildcat
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