Friday, April 25, 2008

Abortion Not Covered in the Constitution?

Scalia: Abortion not a court issue was the first headline in today’s Wichita Eagle.

This article gave very little actual context, in fact, it hardly quoted any complete sentences, so I checked a little further. The following is from Scalia Is Wrong About Abortion by Joseph Farah:

"The reality is the Constitution doesn't address the subject at all," he said. "It is one of the many subjects not in the Constitution which is therefore left to democracy. If you want the right to an abortion, persuade your fellow citizens it's a good idea, and pass a law. If you feel the other way, repeal the law."

This quote gives enough context to get the sense of what the acclaimed Supreme Court Justice is intending to convey. This is quite concerning, considering his claim and reputation as a “conservative” and “originalist” regarding the Constitution.

Consider these portions from the Constitution, which Mr. Farah also rightly quotes and applies the Preamble and the Fifth Amendment in his article.


We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.

Amendment V.

No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation.

Amendment XIV.

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.

The Preamble specifically declares that the entire Constitution is written for both those writing it and living under it at its writing AND for our Posterity, that is, the UNBORN.

How exactly does this not apply to providing “for the common defence, promote the general Welfare, and secure the Blessings of Liberty” for our posterity? How is the protection of the unborn from being raped and tortured and ripped to pieces not covered by this Constitution?

Joseph Farah’s article Scalia Is Wrong About Abortion is a worthy read.

Additionally, Fetal Development gives a beautiful chronology of the development of the human baby or fetus. For example, do you know when your heart began to beat? Check it out!

Michael Clancy, a professional photographer, was present to observe and photograph a spina bifida corrective in utero surgery. When the mother’s uterus was incised, little Samuel Armas reached out toward the surgeon. Michael captured the event. The photograph below shows the tiny 21 week old reaching out with his hand and grasping hold of the surgeon’s finger. The full story with slide show is available at Samuel Armas’ hand.

Clearly this shows that little Samuel Armas was fully one who is included in the protection of the United States' Constitution.

But what would have happened to little Samuel if his mother had not loved him?

THIS is why the Constitution includes our posterity in the declaration of those for whom it is written.

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