John R. Houk
© October 25, 2013
In early 1973 the Supreme Court exacted a piece of unconstitutional Judicial Activism by creating law rather than ruling on the constitutionality of a law. In essence the case of Roe v Wade the Justices decided by fiat and a 7-2 vote to allow women to kill their unborn babies on demand. The Heritage Foundation has a great summary of the Roe v Wade decision:
Summary
In a 7-2 opinion by Justice Harry Blackmun, the Court ruled that a right to privacy under the Due Process Clause of the Fourteenth Amendment guarantees a woman’s right to an abortion. The Due Process Clause protects a broad right to privacy that is also found in the Ninth Amendment and the penumbras of the Bill of Rights. This “substantive due process” right to privacy permits a woman to terminate her pregnancy for any reason during the first trimester. Subsequent to approximately the end of the first trimester, the state may reasonably regulate abortions in ways related to maternal health. After viability, the state may regulate or proscribe abortions, but it must permit them if found necessary to preserve the life or health of the mother, an exception which was expanded in Roe’s companion case, Doe v. Bolton.
Analysis
This case is activist because the Supreme Court relies upon notions of living constitutionalism, invoking the doctrine of “substantive due process” to create a right that is nowhere to be found in the text of the Constitution. This doctrine, which was established in Dred Scott v. Sandford, is the prime example of judges reading broad constitutional terms divorced from any textual or originalist moorings, thereby making them empty vessels into which they can pour any policy preferences they desire. The Due Process Clause, which is now being used by judges as a “judicial wildcard,” was simply meant to protect the citizens from government abuse by ensuring that no one be deprived of life, liberty, or property except by a fair process. The fact that the Court has used the word “substantive” to describe a clause that is clearly about process creates an anachronism that defies language and logic. The Court in Roe wields the Clause to support abortion rights without any reasoned justification: after citing previous Supreme Court cases that erroneously established a broad constitutional right to privacy, the Court blithely asserted that this right “is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.”
The opinion, which received a wave of criticism from those on both sides of the abortion debate, is infamous not only for its foundationless assertions about the meaning of the Due Process Clause, but also for its flawed historical analysis. In an attempt to evaluate societal opinions about abortion throughout history, Blackmun looks to ancient societies, such as the Persian Empire, as well as the views of modern American lobbying organizations, but completely skips over the state of abortion regulation at the time of the adoption of the Fourteenth Amendment. Conveniently so. In 1868 "there were at least 36 laws enacted by state or territorial legislatures limiting abortion,” stated Justice William Rehnquist in his dissent.
In his dissent, Justice Byron White accurately described this decision as “an exercise of raw judicial power.” Under the guise of constitutional interpretation, the activist majority seized from the American people their ability to decide this controversial issue through the democratic process. (Roe v. Wade; Heritage Foundation)
There is an innovative Pro-Life plan to circumvent Leftists in Congress and in the Supreme Court. The plan is called the Life at Conception Movement (Personhood). Some Pro-Life Activists in individual States have been lobbying for such a law on a State basis. Senator Rand Paul has taken the Movement to the National level by introducing S. 583 in March 2013:
Calendar No. 30
113th CONGRESS
1st Session
S. 583
To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
IN THE SENATE OF THE UNITED STATES
March 14, 2013
Mr. PAUL (for himself, Mr. WICKER, Mr. BARRASSO, Mr. BOOZMAN, Mr. BURR, Mr. COATS, Mr. COBURN, Mr. ENZI, Mrs. FISCHER, Mr. GRASSLEY, Mr. HOEVEN, Mr. INHOFE, Mr. MORAN, Mr. RISCH, Mr. THUNE, and Mr. JOHANNS) introduced the following bill; which was read the first time
March 18, 2013
Read the second time and placed on the calendar
A BILL
To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Life at Conception Act of 2013’.
SEC. 2. RIGHT TO LIFE.
To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress’ power under article I, section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child.
SEC. 3. DEFINITIONS.
In this Act:
(1) HUMAN PERSON; HUMAN BEING- The terms ‘human person’ and ‘human being’ include each member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.
(2) STATE- The term ‘State’, and as used in the 14th article of amendment to the Constitution of the United States and other applicable provisions of the Constitution, includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States.
Calendar No. 30
113th CONGRESS
1st Session
S. 583
A BILL
To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
March 18, 2013
Read the second time and placed on the calendar (S. 583: A bill to implement equal protection under the 14th article of amendment to the Constitution for the right ... GovTrack.us)
Here is the Library of Congress summary of S. 583:
3/14/2013--Introduced.
Life at Conception Act of 2013 - Declares that the right to life guaranteed by the Constitution is vested in each human being beginning at the moment of fertilization, cloning, or other moment at which an individual comes into being. Prohibits construing this Act to require the prosecution of any woman for the death of her unborn child. (S. 583 Library of Congress Summary; GovTrack.us)
The only drawback I see about S. 583 is that it is a Bill rather than an Amendment. A Bill is easy to repeal depending on the Political Party in power in Congress and/or POTUS. An Amendment centered around the Life at Conception Movement is difficult if not also impossible to get through Congress with America’s current political spectrum divide. On the other hand if Congress managed to pass such an Amendment I suspect a sufficient number of States would line up behind it. The most populous States may be bastions of Leftist deception; however more States are Conservative on the Pro-Life stand pertaining to abortion. Amendments are ratified by State Ratification rather than a direct popular vote.
If S. 583 passed with the slimmest of margins in both Houses of Congress I suspect the voters’ choice for President in 2008 and 2012 – our Marxist-in-Chief – would veto the legislation. However, a successful Congressional campaign to enact the Life at Conception Act can lead to an annual thorn in Obama’s side until a Conservative President is elected in 2016. With the Life at Conception Act in mind it should be a no-brainer that Conservatives must win both the Senate and the House in the November 2014 General Elections.
At any rate the standard form of pressure that can be placed on our Representatives and Senators is via the petition method. Obviously petitions have no impact on the law on a Federal basis; however Representatives and Senators due pay attention to the numbers of their constituents that sign a petition. The petition numbers give legislators an idea on how to operate their campaigns for reelection.
The National Pro-Life Alliance (NPLA) has been at least one of the vehicles that Senator Rand Paul to educate voters on the Life at Conception Act and how such a bill would use the Supreme Court’s own guidelines to make abortion on demand as a birth control method to at least become limited. The NPLA is not only using petitions to influence Representatives and Senators but the organization is also using the petition method as a fundraiser. This a fantastic fundraiser to participate in particularly for Christians who still believe in Biblical Morality. The NPLA petition will lead you to a donation page that will offer choices of donations. Take note that if you are in my boat and have a tight budget and you desire to make sure you give to your Church you might feel a bit limited if you even can donate to the Life at Conception cause; nonetheless one of the options is “other”. So I say, “DO SOMETHING!’ even if it is just $1 buck.
JRH 10/25/13
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Sign the petition to bypass Roe v. Wade
By Senator Rand Paul
Sent: 10/24/2013 3:23 PM
Dear Concerned American,
For 40 years, nine unelected men and women on the Supreme Court have played God with innocent human life.
They have invented laws that condemned to painful deaths without trial more than 56 million babies for the crime of being "inconvenient."
In 1973, the U.S. Supreme Court's Roe v. Wade ruling forced abortion-on-demand down our nation's throat.
In the past, many in the pro-life movement have felt limited to protecting a life here and there -- passing some limited law to slightly control abortion in the more outrageous cases.
But some pro-lifers always seem to tiptoe around the Supreme Court, hoping they won't be offended.
Now the time to grovel before the Supreme Court is over.
Working from what the Supreme Court ruled in Roe v. Wade, pro-life lawmakers can pass a Life at Conception Act and end abortion using the Constitution instead of amending it.
That is why it's so urgent you sign the petition to your Senators and Congressman that I will link to in a moment.
You see, in the coming year it is vital every Member of Congress be put on record.
And your petition today will help do just that.
Signing the Life at Conception Act petition will help break through the opposition clinging to abortion-on-demand and get a vote on this life-saving bill to overturn Roe v. Wade.
A Life at Conception Act declares unborn children "persons" as defined by the 14th Amendment to the Constitution, entitled to legal protection.
This is the one thing the Supreme Court admitted in Roe v. Wade that would cause the case for legal abortion to "collapse."
When the Supreme Court handed down its now-infamous Roe v. Wade decision, it did so based on a new, previously undefined "right of privacy" which it "discovered" in so-called "emanations" of "penumbrae" of the Constitution.
Of course, as constitutional law it was a disaster.
But never once did the Supreme Court declare abortion itself to be a constitutional right.
Instead the Supreme Court said:
"We need not resolve the difficult question of when life begins . . . the judiciary at this point in the development of man's knowledge is not in a position to speculate as to the answer."
Then the High Court made a key admission:
"If this suggestion of personhood is established, the appellant's case [i.e., "Roe" who sought an abortion], of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."
The fact is, the 14th Amendment couldn't be clearer:
". . . 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 law."
Furthermore, the 14th Amendment says:
"Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
By turning up the heat on Congress in 2013 through a massive, national, grass-roots campaign, one of two things will happen.
If you and other pro-life activists pour on enough pressure, pro-lifers can force politicians from both parties who were elected on pro-life platforms to make good on their promises and ultimately win passage of this bill.
But even if a Life at Conception Act doesn't pass immediately, the public attention will set the stage to defeat radical abortionists in the next election.
Either way, the unborn win . . . unless you do nothing.
That's why the National Pro-Life Alliance is contacting hundreds of thousands of Americans just like you to mobilize a grass-roots army to pass a Life at Conception Act. The first thing you must do is sign your petition by clicking here.
They are the key ingredient in the National Pro-Life Alliance's plan to pass a Life at Conception Act. They'll also organize:
... Hard-hitting TV, radio and newspaper ads to be run just before each vote, detailing the horrors of abortion and mobilizing the American people.
... Extensive personal lobbying of key members of Congress by rank and file National Pro-Life Alliance members and staff.
... A series of newspaper columns to be distributed free to all 1,437 daily newspapers now published in the United States.
... An extensive email, direct mail and telephone campaign to generate at least one million petitions to Congress like the one linked to in this letter.
Of course, to do all this will take a lot of money.
Just to email and mail the letters necessary to produce one million petitions will cost at least $460,000.
Newspaper, TV and radio are even more expensive.
But I'm sure you'll agree pro-lifers cannot just sit by watching the slaughter continue.
The National Pro-Life Alliance's goal is to deliver one million petitions to the House and Senate in support of a Life at Conception Act.
When the bill comes up for a vote in Congress, it is crucial to have the full weight of an informed public backing the pro-life position.
I feel confident that the folks at National Pro-Life Alliance can gather those one million petitions.
But even though many Americans who receive this email will sign the petition, many won't be able to contribute. That's why it's vital you give $10, $25, $50, $100, or even more if you can.
Without your help the National Pro-Life Alliance will be unable to gather the one million petitions and mount the full-scale national campaign necessary to pass a Life at Conception Act.
A sacrificial gift of $35 or even $100 or $500 now could spare literally millions of innocent babies in years to come. But if that's too much, please consider chipping in with a donation of $10.
You should also know that a National Pro-Life Alliance supporter wants to make your decision to give easier by agreeing to match your donation, no matter the size, increasing its value by 50%!
So please respond right away with your signed petition.
And please help with a contribution of at least $25 or $35. Some people have already given as much as $500. Others have given $50 and $100.
But no matter how much you give, whether it's chipping in with $10 or a larger contribution of $150, I guarantee your contribution is urgently needed and will be deeply appreciated.
That's why I hope and pray that you will not delay a moment to make a contribution of $1000, $500, $100, $50, $25, or even $10 if you can.
Your contribution to the National Pro-Life Alliance and your signed petition will be the first steps toward reversing Roe v. Wade and waking up the politicians about where our barbarous pro-abortion policy is taking us.
Sincerely,
Rand Paul,
United States Senator
P.S. The Supreme Court itself admitted -- if Congress declares unborn children "persons" under the law, the constitutional case for abortion-on-demand "collapses."
Please help make that happen. Sign your petition today to the National Pro-Life Alliance to reverse Roe v. Wade, along with a sacrificial contribution of $100, $50, $25. If that's too much, please consider chipping in with a donation of $10.
You should also know a generous donor has agreed to match all contributions, no matter the size, increasing your gift to the National Pro-Life Alliance by 50%!
_______________________________
SUPPORT Life Begins at Conception
John R. Houk
© October 25, 2013
______________________________
Sign the petition to bypass Roe v. Wade
The National Pro-Life Alliance occupies a unique and important role in the pro-life movement. The focus of many other pro-life groups is research, publications or counseling.
These are all important and worthwhile activities, but the National Pro-Life Alliance is singular in its focus on passing pro-life legislation that will protect the unborn from the moment of conception.
A wide array of legislative opportunities exists today upon which pro-life Americans must capitalize. Every year, National Pro-Life Alliance members are polled to set legislative and tactical priorities. Please click on the links below to learn more about the initiatives the National Pro-Life Alliance and its members rank as top priorities.
None of these battles will be easy. But they are all ultimately winnable. Pro-lifers owe the unborn nothing less. Thanks again for your interest in our program and your support for the unborn.
