ABORTION AND THE CONSTITUTION OF THE
UNITED STATES OF AMERICA
by Jim May
"No person
shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases
arising in the land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any person be
subjected for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use, without
just compensation."
[emphasis added]
Fifth Amendment,
U.S. Constitution
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Therefore,
no person shall be deprived of life without due process of law.
Person.
"In general usage, a human being (i.e. natural person)...."
Black's Law Dictionary
Conception. "The beginning of
pregnancy. As to human beings, the fecundation of the female ovum
by the male spermatozoon resulting in human life capable of survival and
maturation under normal conditions."
Black's Law Dictionary
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There
is no mention of age in any legal definition I could find defining a person
under the law. To me, this means that a human being is legally a
person under the law from conception through old age and a natural death
Person.
"Unborn child is a 'person' for purpose of remedies given for personal
injuries, and child may sue after his birth. Weaks v. Mounter...."
Black's Law Dictionary
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This
precedent admits that the unborn child is a person, and was based upon
the theory that the unborn child has the right to protection from harm
and to apply for redress of personal injuries.
Abortion.
"The knowing destruction of the life of an unborn child or the intentional
expulsion or removal of an unborn child from the womb other than for the
principal purpose of producing a live birth or removing a dead fetus.
However, prior to approximately the end of the first trimester of pregnancy
the attending physician in consultation with his patient is free to determine,
without regulation by state, that in his medical judgment the patient's
pregnancy should be terminated ... Roe v. Wade ...."
Black's Law Dictionary
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The
exception cited in Black's Law Dictionary specifically states that an abortion
may be performed only if, in the physician's medical judgment, it is necessary.
Murder.
"The unlawful killing of a human being by another with malice aforethought,
either express or implied. State v Hutter .... Murder
is the unlawful killing of a human being, or fetus, with malice aforethought.
Cal. Penal Code, section 187 ..."
Black's Law Dictionary
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Which
speaks for itself.
"In all
criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense."
Sixth Amendment,
U.S. Constitution
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I
interpret this as meaning that an unborn person should have at least the
same legal protection as any person accused of a capital crime, even though
the unborn person's crime is the crime is being an unwanted child.
I
say capital crime because the maximum penalty of a capital crime is to
be deprived of life. Since the unborn person is being compelled to
give up his/her life, the very least that society can do for the unwanted
child is to make sure that the child is represented by a counsel for his/her
defense, and receives the protections the U.S. Constitution. In my
opinion, this means that a jury must decide if the termination of a pregnancy
is to be allowed, except in cases of medical emergency.
A
mitigating argument is as follows:
"Neither
slavery nor involuntary servitude, except as punishment for a crime whereof
the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction."
Thirteenth Amendment,
Section 1, U.S. Constitution
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In
other words, compelling a woman to carry an unwanted child, without first
convicting her of a crime, compels her into involuntary servitude in violation
of the Thirteenth Amendment.
In
my opinion, this section of the thirteenth amendment can be invoked only
if involuntary impregnation can be demonstrated. Otherwise, the woman
must be considered a voluntary participant in her own impregnation and
must be held responsible for all of the the consequences of her own actions.
As
person
is not defined as a citizen under any of these provisions, they apply equally
to all persons regardless of citizenship as long as they are within the
jurisdiction of the United States of America.
In
conclusion, unless the constitution is changed and equal protection under
the law is repealed, every person's life, from conception through old age
and a natural death, is protected under the Fifth and Sixth Amendments
of the United States Constitution. Exceptions should include involuntary
impregnation, medical emergency, and a verdict by a jury.
What do you think?
Postage to mail this newsletter was provided
by
Jim May
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