Sen. Rand Paul, R-Ky., is sponsoring a measure that would shield most preborn humans in America.
Paul argues that section 8 of the Constitution's article 1 and the 14th Amendment's section 5 give Congress the power to right legislation to ban almost all abortions nationwide.
Paul addresses Right to Life rally in D.C.
https://www.youtube.com/">https://www.youtube.com/watch?v=SJSk2bbFv90&feature=youtu.be">https://www.youtube.com/
Paul differs from other libertarians on the abortion issue. Some of them see laws restricting abortion as an unacceptable intrusion by the government into personal liberty. Paul, a very dedicated libertarian but also a physician, sees it as the duty of government to protect ALL humans. The 14th Amendment was written with ex-slaves in mind, but the writers generalized the language to assure that everyone in the country was protected under the law.
We point out that the 14th Amendment's Section 1 draws a line between citizen and person. Any U.S. person is obviously a member of a bigger set than is a citizen. (That is, the set of citizens is a proper subset of the set of persons.)
The amendment requires that every state must provide all persons within its borders equal PROTECTION. This amendment does not undefine preborn humans as non-persons, but only as non-citizens. So then, the language of the amendment means federal and state govwernments are required to protect preborn humans.
Specifically Section 1 says that no state may "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 only way out of that protection is to deny that preborn humans are persons. Such a denial requires quite a bit of philosophical hair-splitting and sophistry of a type well known among certain politicians and lawyers.
Hence, the Supreme Court erred in Roe v Wade and should have recommended that those who favored decriminalization of abortion seek a constitutional amendment.
Paul's bill, which has a group of co-sponsors, specifies that it should not be interpreted to mean that women must be prosecuted for the abortion death of the unborn.
The 14th Amendment
Paul argues that section 8 of the Constitution's article 1 and the 14th Amendment's section 5 give Congress the power to right legislation to ban almost all abortions nationwide.
Paul addresses Right to Life rally in D.C.
https://www.youtube.com/">https://www.youtube.com/watch?v=SJSk2bbFv90&feature=youtu.be">https://www.youtube.com/
Paul differs from other libertarians on the abortion issue. Some of them see laws restricting abortion as an unacceptable intrusion by the government into personal liberty. Paul, a very dedicated libertarian but also a physician, sees it as the duty of government to protect ALL humans. The 14th Amendment was written with ex-slaves in mind, but the writers generalized the language to assure that everyone in the country was protected under the law.
We point out that the 14th Amendment's Section 1 draws a line between citizen and person. Any U.S. person is obviously a member of a bigger set than is a citizen. (That is, the set of citizens is a proper subset of the set of persons.)
The amendment requires that every state must provide all persons within its borders equal PROTECTION. This amendment does not undefine preborn humans as non-persons, but only as non-citizens. So then, the language of the amendment means federal and state govwernments are required to protect preborn humans.
Specifically Section 1 says that no state may "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 only way out of that protection is to deny that preborn humans are persons. Such a denial requires quite a bit of philosophical hair-splitting and sophistry of a type well known among certain politicians and lawyers.
Hence, the Supreme Court erred in Roe v Wade and should have recommended that those who favored decriminalization of abortion seek a constitutional amendment.
Paul's bill, which has a group of co-sponsors, specifies that it should not be interpreted to mean that women must be prosecuted for the abortion death of the unborn.
The 14th Amendment
Section 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.
Section 2
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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