@LukeN,
"I think what should of happened is the women should of chained her legs together. Or do you think she was chained to the wall prior too having sex?"
Wow. I see your view of women is rather negative, isn't it? Sometimes, yes, in the case of rape, actually. But beyond that, why should they have to? Why should they be forced to do that?
They shouldn't have to do that, though! Do you see them as something negative, these women who have sex?
"The Constitution gaurantee's Life, Liberty and the persuit of happiness. Abortion deny's all of these? Is that not unConstitutional?"
The 14th Amendment is the only place these things are mentioned. I had said something innacurate before but deleted it, due to actually looking the damn thing up. Here.
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 personwithin its jurisdiction the equal protection of the laws.
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.
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.
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.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
On the first hand, legally, unborn people, if I'm right, aren't yet citizens. That's the first key.
Second, I made clear the due process clause, under which Roe v. Wade was decided upon.
"No State shall ... deprive any person of life, liberty, or property, without due process of law...."
The decision was also, and this is key and something I hold to, that abortion is permissible until the "point at which the fetus becomes ‘viable,’ that is, potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
The opinion of the Court at that time, which was written by Justice Harry Blackmun, stated "the right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
Now, I'd need to look at all later cases to make sure of the precise current legal standing of abortion, but I'm not a legal scholar and I don't have time at the moment.
You may not agree, but based on the actual Constitution, abortion is and should be legal.
Now, a problem does come when it comes to defining a fetus as a person. Do that, and it is a totally different ballgame, yes? I agree! However. The Court decided at that time that the Constitution's protections were not including the unborn., and were not persons under the law.
Some, including many liberal scholars, may argue that the decision is just making something up out of thin air, that it isn't in the Constitution. I don't see it that way, I agree with the reasoning that the Justices used for Roe v. Wade. I also see it in a few different places, but that's not the point, that has nothing to do with the current law or its current reasoning.
A good arguement does exist for it to be left to the states. I agree with that, in the legal sense. But I still support the law as is.
"Who decides who lives and dies?"
As for unborn children? The mother.
"Where do you draw the line? "
Legally, second trimester is the line. There and beyond, no.
"Your willing to kill it when it is more then one cell, how many cells is justifiable? Two, two thousand, two million, two billion? How many cells are in a baby at the second trimester?"
After clarifying my view above, this should be obvious.
"Why do you differentiate between this clump of cells and a clump of cells in it's third trimester?"
Shall I mention that the thing I value is sentience, consciousness, personhood, not human life in and of itself? Also, I'll make this clear: viability is a clear difference. The baby is viable. Sorry, that viable baby shouldn't be aborted.
"Where do you define if and when a human being is created?"
Obviously, human life exists as soon as conception.
That doesn't mean it's a person. Which it's not. My hand is also human life, and in those first few months, my hand is closer to a person than that lump of cells.
"You must have an answer if you have an opinion between abortion being ok for the first tri, iffy for the second and no for the third? "
Look above.
"When is your difference between personal choice and murder?"
Murder is a legal thing. Perhaps you should rephrase that to "your difference between eprsonal choice and killing?"
Obviously, human life dies. But it's legal to kill far more important human life than that. Big deal.
" Is it human at it's first breath, heartbeat, thought, sensation of pain? If you can't answer all of these, you need to apply yourself a little before you inject such a one sided sexist arguement, IMO."
Ha. It's ALIVE, it's HUMAN, in the first moment. Personhood? Birth. But, viability means it could be born and survive. That's close enough for me to keep from killing it.
One sided sexist arguement, is it?
Cute. That's really cute. The only sexist here is you, Mr. "chain their legs together."