[QUOTE="DroidPhysX"]
[QUOTE="collegeboy64"]
Well, the federal law has been on the books since 2004 and I can't find any reference to it being challenged in court. There are 34 states with such laws, many being on the books for decades. I'd think if they were so patently unconstitutional they would have been knocked down by now.
In fact, if you are so sure its unconstitutional,you should contact Scott Peterson right away. He is serving a sentence for the double murder of his wife Lacy and their unborn child as we speak.
And I've read and read and read that darn constitution over and over again and I just can't find the word natal anywhere in there. In fact, I can't find anywhere in there where they even attempt to define the word person(s). Maybe you can point that part out for me.
collegeboy64
I never once claimed that those laws were unconstitutional. Also:The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3;in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1, cl. 5; in the Extradition provisions, Art. IV, § 2, cl. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only post-natally. None indicates, with any assurance, that it has any possible pre-natal application.
You said you were sure those laws were being challenged as "...unjust substantive due process laws...". If they violate a persons right to due process, doesn't that imply they violate the 5th amendment?
Again, no where in the constitution is there any prohibition against defining a fetus/baby in the womb as a person. If the people, through their elected representatives, pass a law stating that a fetus capable of living outside the womb shall be considered a person while still in the womb, you would be hard pressed to make a legitimate case against the constitutionality of such a law. If such a case could be made, I'm sure NARAL, NOW and Planned Parenthood, et al, would have done so by now, voiding the 34 state laws and the federal law that make killing a pregnant woman a double homicide.
That's why it's being challenged. Laws are challenged based on the belief that it's an unjust substantive due process law. I never gave my opinion. :?Umm, i was arguing the point that the constitution does not recognize fetuses as person(s) and my point was exemplified with the the proof above. Don't know where you got the 2nd paragraph from.
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