John McCain -- Pro Life? What a joke!
dap1 at BELLSOUTH.NET
Tue Aug 26 17:41:26 MDT 2008
Steven Laib wrote:
> Baldwin is forgetting several key facts. First, for Roe to be fully
> overturned there has to be a cased filed raising the issues central to
> Roe. Second, the case has to make its way through the federal courts
> and be appealed to SCOTUS, after which the court has to agree to hear
> it. Then, we have to consider that Justice Kennedy is a loose
> cannon. Consider what he did in the Gitmo prisoners rights cases.
> Then, considering if the Supreme Court were to overturn Roe, the
> proper domain for the issue of legal abortion was and remains the
> states under the 10th amendment. Thus, you can expect that at least
> some of the states are going to keep it legal. Baldwin is eloquent
> and passionate, but he misses things.
> Steve L.
Excellent analysis until the last paragraph. Your analysis is missing
the concept of "incorporation" via the 14th amendment (i.e. the
"incorporated" amendment applies to the states as well). The 4th and 5th
amendments have been "incorporated" and obviously depriving one of life
via law, without due process, is unconstitutional. Therefore any law
permitting the taking of a life without due process is invalid.
Pro-abortion laws so far have only been constitutional because the
SCOTUS has not formally recognized that the unborn have the same rights
as any other child (i.e. life starts at conception). Should that change,
then laws permitting abortion will all be invalidated unless a state can
figure out some way to afford due process to unborn baby first. Who
would want a court hearing about killing a baby? The only place that
exists today, is if the baby threatens the life of its mother.
As an aside, the 2nd amendment has NOT been incorporated. If that were
to happen it would be a giant step forward for self-defense and an even
bigger blow to criminals. The myriad of law suits being filed after the
Heller decision might just get us there (still think it is not worth
holding your nose and voting for McCain?).
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