December 24, 2007

Legalized Abortion

The most pernicious corruption of law in modern times is the legalization of abortion.

Regarding law, St. Thomas Aquinas says,

"We maintain that human law has the rationale of law insofar as it is in accordance with right reason and as such it obviously derives from eternal law. A law which is at variance with reason, is to that extent unjust and has no longer the rationale of law. It is rather an act of violence."

Any law that legalizes abortion is especially contrary to right reason since it permits unjustified, fatal acts of violence against the most innocent of human beings—pre-natal children.

The legalization of abortion in America usually brings to mind the Roe v. Wade case of 1973. However, prior to 1973 several states had already legalized abortion in varying degrees:

"In 1967 Colorado and California legalized abortion. By June, 1970, when the State of New York passed the first Abortion on Demand Law (24-week limit), it became the 16th state to allow abortion. Due to an extremely loose interpretation of "mental health," California also had de facto abortion-on-demand. Alaska and Hawaii had liberal laws. Laws in the other 12 states, which included Arkansas, Colorado, Delaware, Georgia, Kansas, Maryland, Mississippi, New Mexico, North Carolina, Oregon, South Carolina and Virginia, were very restrictive, typically allowing abortion only for pregnancies due to assault rape, incest and life of the mother as well as for severe fetal handicap." (
Dr. and Mrs. J.C. Willke)

Roe v. Wade (and its companion case,
Doe v. Bolton), further corrupted the nation’s legal system, leaving prenatal children bereft of legal protection in every state of the Union. No other court decision in the history of the U.S. has caused so much harm to society. Despite Roe v. Wade’s twisted reasoning, the Democratic Party considers the case sacrosanct. The Bush Administration has yet to show a determined interest in overturning Roe.

Pro-aborts typically claim that there is a constitutional right to abortion. However, if they were to read the U.S. Constitution they would not find any such "right" in that document. The total absence of a constitutional right to abortion presented perplexing problems for Justice Blackmun and his agenda. Blackmun stated,

"The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment."
(
Roe v. Wade, IX, A)

The Roe Court contrived its position. When the 14th Amendment was adopted the word "person" was synonymous with "human". Either word could have been used in the Amendment. However, Blackmun chose to ignore the scientific facts about fetal development, and abandon the traditional meaning of "person".

The decision in Roe undermined the “rule of law”. The “rule of law” cannot exist when the law discriminates against an entire class of innocent human beings by denying their inalienable right to life. Roe v. Wade effectively codified a double standard.

When the proper meaning of "person" and the scientific facts about fetal development are acknowledged, it becomes clear that protection of prenatal children falls within the scope of the 14th Amendment’s Due Process Clause. It is worth noting here that corporations, as artificial "persons", can meet can meet all of the requirements for constitutional personhood. However, the Supreme Court has denied constitutional personhood to real persons, the unborn.

The need remains, not for a human life amendment, but for a legally correct application of the Due Process Clause of the
14th Amendment. Only then will all persons, born and unborn, receive equal protection under the law. (See Due Process: History and Scope).

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"America needs no words from me to see how your decision in Roe v. Wade has deformed a great nation. The so-called right to abortion has pitted mothers against their children and women against men. It has sown violence and discord at the heart of the most intimate human relationships. It has aggravated the derogation of the father's role in an increasingly fatherless society. It has portrayed the greatest of gifts--a child--as a competitor, an intrusion, and an inconvenience. It has nominally accorded mothers unfettered dominion over the independent lives of their physically dependent sons and daughters." (Mother Teresa of Calcutta)

Recommended link:
Human Personhood Begins at Conception by Peter Kreeft

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