Originally created 11/26/03

Government-regulated abortion clearly unconstitutional



Through some research done in my political science class, I have found that it is unconstitutional for the United States government to regulate abortion. My evidence for this statement comes directly from the 14th Amendment.

Dealing with the issue of states' rights, the 14th Amendment has been the vehicle of the Supreme Court to overturn many states' laws, including those laws concerning abortion.

The 14th Amendment, however, only gives the federal government jurisdiction over those "born or naturalized in the United States" (with the exception of illegal aliens). That first clause gives no federal jurisdiction over those who are unborn, such as the human fetus.

"Nor shall any state deprive any person of life, liberty or property without due process of law." This clause of the 14th Amendment restricts the states from depriving any person, born or unborn, of the rights to life. The states, therefore, are required by the Constitution to protect the right to life for all unborn persons. It also restricts the states' deprivation of the right to liberty, including the right to exercise what you want to do concerning your own life.

The right to property includes the right to one day obtain property, and does not include the right to consider a fetus within your body as your property (the 13th Amendment abolished the right to own another person). The human fetus has no understanding of the phrase "due process of law," and it is therefore an abridgement of the fetus' rights described above to take those rights away...

Jordan M. Howell, Augusta