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Old 03-05-2008, 12:50 AM
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Originally Posted by PaleRider View Post
Amendment 14 - Citizenship Rights

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.
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Clearly the first sentence (written in dark red) states that only persons born or naturalized are citizens but one doesn't have to be a citizen in order to enjoy the protections of the 14th amendment as I will explain.

The second clause (written in red) states that no person shall be deprived of life, liberty, or property, without due process of law. This clause states that no person shall be deprived of life, liberty, property without due process, not "no citizen". The first clause points out and states that citizens have certain privledges and immunities attatched to their citizenship where as the second states that NO PERSON shall be deprived of life liberty or property.

This theory was first tested in the case of Yick Wo v Hopkins in 1876. The court clearly stated that "The Fourteenth Amendment to the Constitution is not confined to the protection of citizens."

There are numerous cases after this one that affirmed this fact. If you need to see them, I can look some of them up for you.


If there is any of this that you don't understand, I will be happy to elaborate but the fact is that you don't have to be born here or even be a citizen of this country in order to have your right to live protected. If you doubt me, go out and kill an illegal alien. You will find that the charges brought against you will be murder, just the same as if you killed someone who was born here.
Ere, your arguement for Personhood for without Personhood you'd have none.

Thanks to your great energy and passion directed at eliminating our access to early-stage abortion, I'm learnng lots.

But, like many others, I can't get beyond the 14th's phrase "All persons born", and the absence of the phrase, "the Unborn". As someone else here recently pointed out - abortion is still legal - so I assume better minds are still in control.

If you know of a case that addresses the unborn, let me know where to find it. Or post an abridged version.
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Old 03-05-2008, 06:50 AM
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Originally Posted by marmalade6 View Post
Ere, your arguement for Personhood for without Personhood you'd have none.
That is the basis for the discussion marmalade. The supreme court decided roe on the basis that unborns were not human beings. Even then, in the eyes of the law, the word person and human being were synonomous. That hasn't changed. They erred when they said that unborns were not human beings and justice Blackmun put a fatal flaw in the decision when he acknowledged that if personhood is ever established roe collapses.

Personhood has been established. It is as simple as that.

Quote:
Originally Posted by marmalade6 View Post
But, like many others, I can't get beyond the 14th's phrase "All persons born", and the absence of the phrase, "the Unborn". As someone else here recently pointed out - abortion is still legal - so I assume better minds are still in control.
Then you must have a reading dissability. It clearly states that all persons born here are citizens. Nothing more. And clearly, those who were not born here have the same right to live as those who were born here. The word born refers to citizenship, not humanity.

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Originally Posted by marmalade6 View Post
If you know of a case that addresses the unborn, let me know where to find it. Or post an abridged version.
I have already provided it. It is encoded into US law. It is known as Laci & Conner's law and people are sitting in prison today having been charged, tried and sentenced for both murder and manslaughter for killing unborns. In this country, you can't even be charged for murder or manslaughter, much less tried and convicted unless you have killed a person. That is the unadorned fact of the matter. I don't know if establishing personhood was the goal of the first court that sentenced a man for killing an unborn. I doubt that it was because the court was known as a liberal court but establishing personhood is exactly what they did and the legal precedent has been stacking up ever since.

My arguments aren't based on what I wish, or philosophy, or religion. My argument is based on scientific fact and the law. And in this case, those are the only two things that matter. The pro choice side isn't going to be able to argue philosophy before the supreme court. They tried that when late term abortions were banned. Go to the transcripts of the case to see how receptive the court was to philosophical arguments. Hard medical science and case law resulted in the court upholding the ban and the same sort of argument is going to result in roe being overturned. In the end, the law simply has no choice but to acknowledge that one person's right to live outweighs another person's implied right to privacy.
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