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Thread: Politics Thread
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05-16-2022, 08:09 PM #13411
Last edited by Strange Brew; 05-16-2022 at 08:14 PM.
Official XUHoops Resident Legal Scholar.
(Do not take this seriously)
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05-16-2022, 08:14 PM #13412
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05-16-2022, 08:16 PM #13413
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05-16-2022, 08:53 PM #13414
Last edited by Strange Brew; 05-16-2022 at 09:00 PM.
Official XUHoops Resident Legal Scholar.
(Do not take this seriously)
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05-16-2022, 09:14 PM #13415
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05-17-2022, 04:05 PM #13416
I believe it is instructive to review the Pertinent 14th Ammendment in this abortion discussion. It is clearly on the side that the unborn are “persons” and equally protected under the law. This was what was so egregiously wrong in the Roe decision.
The legal argument for protection of US persons born or unborn is straightforward. The 14th Amendment’s Equal Protection Clause, which forbids any state from “deny[ing] to any person within its jurisdiction the equal protection of the laws,” was understood to include both born and unborn “person[s].” The upshot is that, while a state legislature can make reasonable distinctions in its criminal code’s homicide statutes, a state’s criminal code cannot effectuate a discriminatory regime that solely protects those who are born but not those who are unborn. Put another way, if a state bans homicide, then it has to generally ban abortion.
As the esteemed natural law philosopher John Finnis and well-known Princeton University professor Robert P. George put it in their amicus brief in Dobbs:
[T]he Fourteenth Amendment, like the Civil Rights Act of 1866 it was meant to sustain, codified equality in the fundamental rights of persons—including life and personal security—as these were expounded in [Sir William] Blackstone’s Commentaries [on the Laws of England] and leading American treatises.
The Commentaries exposition began with a discussion (citing jurists like Coke and Bracton) of unborn children’s rights as persons across many bodies of law. Based on these authorities and landmark English cases, state high courts in the years before 1868 declared that the unborn human being throughout pregnancy “is a person” and hence, under “civil and common law,” “to all intents and purposes a child, as much as if born.”
As Abraham Lincoln famously argued in his 1854 Peoria speech, the relevant question is “whether a Negro is not or is a man.” So, too, is the relevant question in the abortion debate whether the unborn child is not or is a person. We happen to know the answer to that question. It is.
So the “morality” aside. Abortion is unconstitutional and the Federal Government has zero power in ruling here.
Take that Leftys."I Got CHAMPIONS in that Lockerroom!" -Stanley Burrell
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05-17-2022, 04:57 PM #13417
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This is one sad thread. Any mods want to take this thread behind the barn and put it out of its misery?
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05-17-2022, 05:03 PM #13418
Nah, better to burn my brain cells in one place as opposed to thousands of others that will inevitably spring up.
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05-17-2022, 05:09 PM #13419
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05-17-2022, 05:22 PM #13420
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