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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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