| 5 years ago :: Dec 11, 2007 - 2:34PM #11 | |
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The X (tenth) amendment reads Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The right to choice , privacy and a myriad ofothers are coverd by this amendment. Abortions hould be available, safe and few. They are a choice but does not involve a child, or a person but a medical condition of the mother
“I seldom make the mistake of arguing with people for whose opinions I have no respect.” Edward Gibbon
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| 5 years ago :: Dec 14, 2007 - 5:01AM #12 | |
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| 5 years ago :: Dec 14, 2007 - 11:05PM #13 | |
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"Yes, I know, we have the RIGHT to choose whether or not to have an abortion...The question I am posing is whether or not the Constitution grants us the right to have an abortion. Please, leave moral arguments and religious arguments out of this and just focus on the Constitution and what it says/implies."
I would phrase your opening sentance differently: We have the *capacity* to chose abortion. But the capacity to do something, is quite different from exercising a right, which is quite different from acting rightly. I also wonder at your prohibition against moral arguments: what is law, but an expression how a society "should be" ordered? Law-making is inherently a moral enterprise. If the law has no moral basis, no reference to something that says "this is the way things are supposed to be", then law is merely the tyranny of the majority--a way for the many, to impose their will on the few. Rather, law is the laying out, of how we should order our lives as a society, to promote and protect the common good. To your question on when does a fetus have rights: I think it is first safe to say that all humans have a right to live. I hope this is not contended. The issue that often follows, is whether a fetus is a human person. At this point, some will say: well, we can't be quite sure, this is a theological distinction, or a personal opinion outside the role of governments. This seems entirely unsatisfactory to me--I mean we're talking about human life here, the thing without which the rest of the law is meaningless. To get wishy washy at this step is derelict. In arriving at answer, a couple questions may assist in the analysis: --How can the reproductive act between a human male and a human female, produce anything other than a human? --If a fetus is not really a human person, what reason is there for an abortion? --If DNA uniquely identifies every human person, why should fetuses be excluded from this fact? --How can a stage of human life not itself be human? To my mind, this part, at least, is not a mystery: when a sperm (the gamete of a human male), fertilizes an egg (the gamete of a human female), there begins a life which was not there before. And that life starts immediately to go about its work. And that life is human. We were all once there ourselves, and we can recognize this fact without stretching science, or referring to a religion. I hope you find this helpful. |
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| 5 years ago :: Dec 15, 2007 - 12:27AM #14 | |
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[QUOTE=BeatificVision;140436]"
To your question on when does a fetus have rights: I think it is first safe to say that all humans have a right to live. I hope this is not contended. The issue that often follows, is whether a fetus is a human person. At this point, some will say: well, we can't be quite sure, this is a theological distinction, or a personal opinion outside the role of governments. This seems entirely unsatisfactory to me--I mean we're talking about human life here, the thing without which the rest of the law is meaningless. To get wishy washy at this step is derelict. In arriving at answer, a couple questions may assist in the analysis: [/QUOTE] How can you be talking about "a human life" when clearly a fetus has not yet grown into a baby or even a child? Because the law does not recognize the fetus as a human life, rather a potential human life. [QUOTE=BeatificVision;140436]"--How can the reproductive act between a human male and a human female, produce anything other than a human? [/QUOTE] Easily, it can produce a miscarriage, a hydatiform mole, or a defective fetus doomed to die before birth. [QUOTE=BeatificVision;140436]"--If a fetus is not really a human person, what reason is there for an abortion? [/QUOTE] To prevent a human from developing. [QUOTE=BeatificVision;140436]"--If DNA uniquely identifies every human person, why should fetuses be excluded from this fact? [/QUOTE] Fetus are not excluded just as your hair or fingernail is not excluded. [QUOTE=BeatificVision;140436]"--How can a stage of human life not itself be human? [/QUOTE] any developmental stage before brain functioning means no sentience. Human life has sentience. [QUOTE=BeatificVision;140436]"To my mind, this part, at least, is not a mystery: when a sperm (the gamete of a human male), fertilizes an egg (the gamete of a human female), there begins a life which was not there before. And that life starts immediately to go about its work. And that life is human. We were all once there ourselves, and we can recognize this fact without stretching science, or referring to a religion. [/QUOTE] Keywords...begins "a life"...it is not sentient life and it causes a severe compromise to the host, the host must have the right to defend itself from such physical distress. |
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| 5 years ago :: Dec 15, 2007 - 1:03AM #15 | |
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[QUOTE=livelifetothefullest;126526]Yes, I know, we have the RIGHT to choose whether or not to have an abortion. Actually, I have been going over Roe v. Wade and the opinions of the court quite extensively the past couple of weeks. The question I am posing is whether or not the Constitution grants us the right to have an abortion. Please, leave moral arguments and religious arguments out of this and just focus on the Constitution and what it says/implies. (say/implies may be the answer...)
Thank you. LLttF[/QUOTE] I think with the way our constitution was written, its a logical stretch. The right to privacy isn't in the Bill of rights. It was argued to be an inferred right, and thus originally was interpreted to extend to privacy in the bedroom of a married couple. Thus whatever the couple did in the privacy of their bedroom, was none of the court's business, basically. And thus this was extended to say "none of our business" on the contraceptives thing. Thus contraceptives were legalized. Then through proceeding court cases, this was extended to the unmarried, then was stretched to early term abortion and then to abortion in general. I think it was a stretch that just made it for the contraceptive issue, but went way out of bounds when it tried to associate abortion as somehow being a right to privacy of the bedroom issue. The other problem with the case is that I disagree with the court's decision on what cases to allow in the courts. I don't know all the terms, but originally they needed Norma (Jane Doe) for the Roe Vs Wade case as someone filing the case and making a complaint. Because pregnancy lasts only 9 months and it takes longer than 9 months to go through the courts, it was decided that because the courts decision would affect so many other women, they shouldn't actually need women as examples to draw these cases up with. This however is dumb for now all the abortion cases aren't presented based on real situations but on hypothetical ones. As the judge's aren't doctors, this allows for manipulation of data to occur more easily. Before you would be able to give examples of "In this case of such and such, this happened to this person so this actually can happen and we need to protect against it." I ultimately believe the courts have made an unconstitutional decision. This should have been a legislative issue. |
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| 5 years ago :: Dec 15, 2007 - 5:34AM #16 | |
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| 5 years ago :: Dec 15, 2007 - 4:38PM #17 | |
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The US constitution guarantees the right to pursue life, liberty, and happiness. Pregnancy is a huge health issue. The health condition during pregnancy represents a health threat (a severe compromise in health) to the (host) mother. Because of the risks, the continuation of a pregnancy must be elective. It's the termination of a dangerous and difficult medical condition called "pregnancy" and thus the elimination of a dangerous health condition for an individual. This is a US constitutional issue, the right to be healthy and the right to eliminate a threat to one's health is guaranteed by the US constitution.
I can just see the lawsuits that would take off should the right to protect one's health from a potential full term pregnancy be compromised by making the abortion procedure illegal. That would have the same legal consequences of making ruptured appendix extraction illegal. |
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| 5 years ago :: Dec 15, 2007 - 5:43PM #18 | |
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| 5 years ago :: Dec 15, 2007 - 8:10PM #19 | |
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[QUOTE=BeatificVision;141799]Yes, the keywords are "begins a life". Without a beginning, there's no middle, and no end. But once life begins, to end it prematurely is not an issue of personal preference, ...[/QUOTE]
You don't really have your science correct. I reality, life is a continuum, an unbroken chain going back 3,800 million years. Yes, the opertional word is "begin" but you must understand there are many many beginnings before and after the moment of fertilization. That you have a speculative assumption that a cell is a human being is okay. Not based on science, but okay. However, you should not impose your biases on those who legitimately believe differently. A cell just is not a human being. Human-ness is much more than biology.
"As scarce as truth is, the supply has always been in excess of the demand."
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| 5 years ago :: Dec 16, 2007 - 4:43PM #20 | |
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[QUOTE=udcstb;142111]You don't really have your science correct. In reality, life is a continuum, an unbroken chain going back 3,800 million years. Yes, the opertional word is "begin" but you must understand there are many many beginnings before and after the moment of fertilization.[/quote]
Human life may well be a continuum going back over 3,800 million years, but I know I surely haven't been here that long. [QUOTE=udcstb;142111]That you have a speculative assumption that a cell is a human being is okay. Not based on science, but okay.[/quote] Somehow I'm failing to see the speculation, or the assumptions. I appreciate your approval of my comments, but if you believe there's something lacking in the science or otherwise, please don't keep it a secret as I'm open to discussion and learning. [QUOTE=udcstb;142111]However, you should not impose your biases on those who legitimately believe differently.[/quote] Tell that to the millions of my peers who quite literally would have been here today, but aren't. I think they're the ones who have been "imposed on". As I suggested in an earlier post, the question of "who is human?" is not in the same category of "do you like chocolate or vanilla?". It has far-reaching implications morally, legally, and otherwise. Historically, others have thought it was okay to treat people like property--freeing them was hardly 'imposing biases on those who legitimately believed differently'. [QUOTE=udcstb;142111]A cell just is not a human being. Human-ness is much more than biology.[/QUOTE] I think we agree that human-ness is more than biology. Which is why when someone says, "it's just a cell", we can say, "I guess so are we". |
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