lizardbreath said:
I did read the thread tipsy and I read what you wrote about our posterity. A fetus is not posterity because it is not a human being (at least until the third stage) and therefore is not covered by the 14th ammendment. The constitution was written in a time when abortion was not even around and they put that in talking about children etc. Not unborn fetuses. Its a good argument though; but it probably won't fly in the supreme court just because of the argument that I have just stated.
Iff that was my only argument, that you would be right. But unfortunately in another part of the thread I stated the rest, which I am guessing you didn't read. Looks like I'll go through how abortion was justified in the first place. Read this part of my post from last page again:
"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (Quote from the supreme court justices)
This decision gave women the constitutional right to have an abortion, but this decision breaches the constitution from what I have said above. Now to take a closer look at this, look at the 14th amendment (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."
If you look through here you see absolutely nothing about the right of privacy. This 'privacy' comes from Griswold vs Connecticut. What came from this was, and I quote from a paper released about this:
"There are unmentioned, yet fundamental rights within the Constitution
The lack of a specific mention of a certain right doesn't mean it does not exist.
These unmentioned, fundamental rights, can not be restricted, and the 14th Amendment applies this restriction to the states.
The right to privacy was one of these rights which is not mentioned, but implied within the Constitution."
So let me summarize what you have seen so far. This is comparing the literal words in the preamble that protects the future generations of Americans, some of which are unborn babies, against a very loose interpretation from what has come from various trials.
Okay, so the Roe vs Wade was only considered to have abortion legalized because of what was released from Griswold vs Connecticut. So now let's look at why this came out with privacy rights. The ninth amendment was what was used by Griswold to justify his case. The ninth amendment states:
"The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people"
The decision of declaring the difference of 'potential' and 'full' human life it is an obvious breach of the ninth amendment. And if you don't remember, life, liberty, and the pursuit of happiness, life is one of those. Life is extended to these unborn babies and gives them a unalienable right to life.
The Ninth Amendment was used to justify this 'right to privacy' which somehow extends to abortion makes no sense. Just because the baby is inside the womb doesn't magically mean that they don't have rights, this justification used from the ninth amendment completely contradicts what the ninth amendment is and was made for. And there is more of how this decision makes absolutely no sense. Remember when we used to have slaves? The blacks in America were not 'full persons'. The fourteenth amendment was used to say that unborn babies were not 'full persons', which is the exact argument the fourteenth amendment was made to counter! I beg of you [edit: insert other name here], tell me how abortion is not murder in the United States, for I have looked over the rights we have, both "ourselves and our posterity" and I can't see how abortion being murder is a matter of perspective in the United States.