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How to
Overturn Roe v. Wade
Personhood
& Enforcement
FIRST,
if you haven't read these pages - PLEASE DO NOW.
To Be
Successful,
a
Personhood Amendment must
overcome Roe v. Wade.
Any attempt to
establish personhood for unborn children will have the
effect of ending abortion and be a direct challenge to Roe
v. Wade. In addition to defining personhood an
amendment MUST be capable of overcoming other critical
issues the U.S. Supreme Court had in Roe.
Pro-Life Dave (David Rogers):
"For
any State Personhood Amendment (aka Human Life Amendment)
to be successful it must
be capable of overturning Roe v. Wade.
Otherwise it can easily be nullified by a Federal Court."
Robert Muise of the Thomas
More Law Center reiterates this point:
"Without a direct challenge to Roe,
any proposal to protect innocent human life from abortion is
utterly meaningless."
What will it take to Overturn Roe v.
Wade?
by
Pro-Life Dave
The wording of a State Personhood Amendment
(aka Human Life Amendment) is extremely crucial. It must
contain these following elements.
ACTIONS SPEAK LOUDER THAN WORDS
The Supreme Court LOOKS AT BOTH a state's laws
(including constitution) and the state's actions, what
they do. To convince the U.S. Supreme Court any state is
serious about a declaration that an unborn child is a
person, the state must enforce the amendment. In
the
Mississippi Ultimate Human Life
Amendment, a mandate was placed upon the state to do
just that:
"...the
government of the state of Mississippi shall recognize
and defend the God-given Right to Life of all persons
equally..."
So now the state is forced to halt all
prosecution for murder (not likely) or will have to
start prosecuting for murder of the unborn.
See more
info here.
PERSONHOOD & THE DUE PROCESS
CLAUSE
This bears repeating: We have laws against murdering a
person. The only problem is current federal case law
does not recognize an unborn child as a person. So
using a constitutional amendment process we can
establish the definition of a person to include an
unborn child.
From the Ultimate Human Life Amendment (Mississippi):
"The word "person" shall
apply to all human beings...
...at all stages of biological development from
fertilization until natural death."
Person must be defined to include unborn children
and must include provisions for non-sexual,
artificial laboratory creation of unborn children. In
addition the definition of personhood must be connected
to the due process clause already in the state
constitution which reads:
"Section 14. No person shall be deprived of life,
liberty, or property except by due process of law."
The Mississippi UHLA states: "in
accordance with Section 14" This is in most
state constitutions in one form or another but an unborn
child would have to be convicted of a capital crime and
tried before they could be sentenced to death -- again
not likely.
NO EXCEPTIONS
Must Protect and Include ALL UNBORN CHILDREN
If people and politicians only knew that providing an
exception for rape or incest is what got us into this
entire mess with abortion in the first place they might
think twice. If any exception is given to kill an
unborn baby, except when saving the life of the mother,
then the state is proving that it does not believe an
unborn child is a human being. This was the case for
prior to Roe v. Wade and the case for the State of Texas
under which Roe came from. In Roe, Texas argued before
the Supreme Court that unborn children were human beings
and persons due protection. The Supreme Court did not
believe them because their laws and actions of the state
said otherwise, as in point #1 above shows. Their talk,
their law (and constitution) must match their actions.
The personhood definition must
including ALL
unborn children from both natural and artificial
reproductive means.
Early Personhood Amendments
only covered unborn children created by natural
reproduction and totally left out artificial
reproduction which continued to allowed for areas like
frozen egg destruction, cloning, and embryonic stem cell
research and experimentation.
See more info
here.
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