wellwisher
Well-Known Member
THE CORPUS OF SUPREME COURT OPINIONS FROM 1850-1880 CONFIRMS THAT AN UNBORN CHILD IS A PERSON WITHIN THE MEANING OF THE FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION.Jul 28, 2021.Fourteenth Amendment, Section 1:
AMENDMENT XIVSection 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.
Clause 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.
An unborn fetus has not been "born or naturalized in the United States," so is not yet a citizen. The pregnant person has been born, however, and can be counted among the citizenry.
Clause 2: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
The pregnant person would qualify for this, but not an unborn fetus.
Clause 3: nor shall any State deprive any person of life, liberty, or property, without due process of law
The State is not depriving an unborn fetus of life, liberty, or property, but the State would be denying a pregnant person liberty if it enacts laws forcing her to carry an unwanted pregnancy to term. (See 13th amendment, "Badges and Incidents of Slavery--Forced labor for the benefit of another person" from the opening post
Clause 4: nor deny to any person within its jurisdiction the equal protection of the laws.
The United States even recognizes bodily autonomy of corpses, (the right to not have its organs utilized without permission) so would also have to recognize bodily autonomy of pregnant persons and give pregnant persons the same protections afforded to corpses.
Likewise, a person who has been born does not have the right to demand tissues or organs from any other person, nor can the State compel a person to donate bodily tissues or organs to another.
In the medical sense and for insurance, the unborn qualifies as a person and by law can receive care. If you kill the unborn you deprive it of life, birth and citizenship, which is why the unborn was always assumed to qualify, by the corpus of court opinions, at the time the amendment was added and ironed out; 1850-1880.
Back then, if you saw a pregnant woman and she seemed healthy, you expected a child to be born. Mother talk to the unborn before it is born. If an angry husband was to punch her in the stomach and harm the unborn, that is against the law. It was not just an assault on the woman but also on the unborn person.
Women can claim welfare benefits for the unborn during pregnancy. Welfare recognizes the unborn.
Abortion gamed the system, with a loophole, for a small group, to protect all the money involved; $billions. We should not have dual standards for unborn person, where the death penalty is legal, but depriving care or welfare is not.
A right applies to all, while an entitlement applies to some. Even the term, a women's right to abortion is a scam, since a right applies to all; free speech, voting, owning guns, etc. Those are human rights and the unborn can be proven to be human even at conception.