CDZ Abortion laws should be left up to the States

Abortion laws should be left up to the States

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I almost reported this post because I feel you are pushing the limits for clean debate here (below) but I want to address some of the things you said.

I disagree.

With the exception of federal agents, homicide is State jurisdiction.
Or...are you arguing any homicide should be subject to federal criminal code?
I am saying that no State has the right to legalize murder. Why? Because 'all persons have a Constitutional right to the equal protections of our laws

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Interesting.
You still appear to be arguing that homicide is the jurisdiction of the federal government, not exactly a constitutional argument.
That is not to say you have no argument, if you are one who wishes to redefine the nature of states rights.

Is it fair to say that our argument is not necessarily over the absurd religious "abortion ruling" the federal government used to usurp state rights, rather it is over the concept of states rights itself?
I don't know why you are so confused about this. Yes, murders are for the most part up to the States to prosecute.

However, can a State legalize murder if it wanted to?

No?

Why not?

Is it maybe because doing so would violate the Constitutionall rights of those PERSONS killed?

HMMMMMM.

So, if/when the Supreme Court decides that personhood begins at conception and they decide that children in the womb are entitled to the EQUAL protections of our laws. . .

You tell me how a State (any State) could make the killing of those persons LEGAL.

I can hardly wait for someone to explain how that works.

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States do have the right to make homicide legal, it's called the death penalty.

That's a topic for another thread and since convicted criminals facing a death penalty get Constitutional rights, trials, appeals and due process and children in the womb are not afforded the same... I have to think you were only being facetious with that.

There is no need for some special federal law to usurp the states rights, this whole "personhood" argument is an exercise in ridiculousness. It's bullshit religious debate, no basis in fact. Just the old "well my religion says a person is a person at the magical time they are born" vs. "well my religion says a person is a person when there is a detectable heartbeat" vs. some more stone age crap. While some of these opinions and propaganda techniques are more accurate than others...

STOP!

Wait a minute.

You just said all of that - to essentially 'poison the well' and to ridicule the 'personhood' position. . .

And then you added this:

the fact is that the baby is a living human being. Basic feckin' biology. When the baby is killed, it is homicide. No need for the religious / philosophical jackasses when you already have settled facts.

Wow.

Where to begin

Personhood matters to the debate because the Constitution matters to the debate. NOT because some religion says so. I agree with you that religion doesn't / shouldn't have ANYTHING to do with it.

Like you said, it is "Basic feckin' biology" that a child ("baby") in the womb is "a human being."

Guess what!?!

That is also what makes it a "person."

This is a LEGAL debate we are having and LEGAL definitions matter. The Constitution matters and whether you like it or not, "personhood matters."

The LEGAL definition of a "person" is simply what YOU already acknowledged yourself. "a human being."

Natural Person:

n. a real human being, as distinguished from a corporation which
is often treated at law as a fictitious person.

n. a human being, as opposed to an artificial or legal person like a company.​

See?

No religion or philosophy necessary.

Just like you said, it's "Basic feckin' biology."


You seem genuine in your argument, I believe that you may be a bit misguided is all. Or... maybe you are a'shillin for the federal government to usurp more power and somehow legitimize this whole personhood bullshit via argumentum ad populum.

I think it is more the former than the latter... but we will see.

Thank you for helping me make the legal case for the personhood status of children in the womb. Your personal attacks not withstanding.


The death penalty is not defined per state by the Federal government, due process for such cases is defined in State constitutions.
And it is quite relevant to this discussion.

For your argument is two fold in it's insidiousness.
1) You argue that only the federal government should have authority over homicide, thus further eroding states rights. Which is not constitutional, see the Tenth.
2) You argue instead of hard evidence that philosophy, semantics, or worse of all - opinion, should define whom is a human being. Which is in no way reasonable, it is quite akin to making a religious argument. More so, you are either unwittingly legitimizing or subversively shilling the very religious concept that those whom profit from baby butchering are shifting to as their primary distraction from the argument.

The baby haters generally no longer deny that it is a living human baby in question, the science is irrefutable. Instead they, and you, are shifting into the semantic bullshit of "personhood". They knew they lost the factual debate a long time ago, that is why they keep it in the subjective realm of philosophy and religion.



Glad we agree, a baby is a human being. I just am curious as to why you are stooping to their level.
Federally, the term "person" or personhood is not equivalent to "human being" as defined in many states.

See Roe V Wade:
The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses,

[157]


for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. [Footnote 51] On the other hand, the appellee conceded on reargument [Footnote 52] that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

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; [Footnote 53] 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.


So you see that chickenshit Blackmun had no interest in facts, it was all about the same semantic game you are playing. Ignore the obvious, play games, then profit from dead babies.
By arguing semantics it is quite obvious Texas threw the game, so to speak. Roe V Wade was a courtroom drama full of actors. You are not onto any new concept here, it has already played out a long time ago. It lost then and it will lose again, by design.

And if you really think that the whole "personhood" argument is strictly legal (which isn't exactly science), perhaps you simply aren't aware of how stone age the concept is?

Sorry for the wiki link, it is relevant to the argument:
"The beginning of human personhood is a concept long debated by religion and philosophy."
Personhood - Wikipedia



Objective Facts:
Homicide is the jurisdiction of States
Abortion is homicide

(The term homicide is not to be confused with murder. Homicide indicates simply the fact that a human was killed by another human. Incidents of homicide typically warrant an investigation by authorities acting under State law to determine if it was murder or not.)

Subjective opinion:
Philosophy & Religion
Personhood
 
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This is a LEGAL debate we are having and LEGAL definitions matter.
LEGAL debate? Ok then, let 's go back to legal definitions:

1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant

(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
(b) As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
 
This is a LEGAL debate we are having and LEGAL definitions matter.
LEGAL debate? Ok then, let 's go back to legal definitions:

1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant

(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
(b) As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
Didn't realized it had been so clearly and succinctly defined. Thanks.
 
The technical problem of knowing when conception occurs is no doubt a factor as you suggest. As I mentioned earlier, the modern understanding of conception is relatively recent. There are other technical issues making the legal status of pregnancy in its early stages hard for government to deal with. Banning abortion in the later stages as matter of religious belief makes sense but is unconstitutional; banning as matter of health regulation is what makes that provision of Roe v Wade legal. It's a wobbly decision but there isn't a better one on the horizon.
Yeah well, it doesn't have anything to do with religion. Even an avowed atheist can see/agree that a human child's life begins at and by conception.

It's a simple biological fact. It's what makes your biological father YOUR biological FATHER.

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Finally have a chance to get to this.

I think that if you look into the history of the life begins at conception idea, you will find that it comes from religious leaders, not biologists.

The two were so intertwined in the early ages, I can't say that it was really any one more than the other. So, what's the point? It's history now and the biological facts are what they are whether the scientists got it right first or whether the religious speculations did.

Both sperm and egg are alive before they meet.

Did anyone say otherwise?

Life doesn't begin, it carries on unbroken across the hundreds of thousands of generations during which species have evolved.

You are trying to muddy the waters here. We are not talking about "life" in the general sense. Everyone knows and pretty much agrees that "life" in the general sense is a continuum. We aren't in disagreement about that.

The topic here is "individual" life. The point of which an INDIVIDUAL life begins is clearly defined in science and it "begins" at conception. That biological point when a (reproductive) sperm cell and and an egg cell's potential to merge together to form a new INDIVIDUAL organism is finally realized.

LBAC isn't a scientific idea.

It most certainly is too a scientific idea.

When Does Human Life Begin?
A Scientific Perspective


". . . an objective view of the modem scientific evidence supports only a single definition of the term "zygote": a one-cell human organism (i.e. a human being) that forms immediately upon sperm-egg fusion (not after twenty-four hours of development has elapsed). Therefore, the life of a new human being commences at a scientifically well-defined event; the fusion of the plasma membranes of sperm and egg. This conclusion is not a matter of religious belief or societal convention; it is a matter of objective, scientific observation."



What "life" really means in LBAC is "personhood" and, consequently "citizenship" or "constitutional rights". These are social, political and legal categories, not scientific ones.

Nobody has claimed otherwise.

Have they?


They represent the secularization for political purposes of "soul." What LBAC really claims is that the zygote has an immortal soul created by God. It is an appealing idea but a religious one and so has no relevance in a debate about the legality of abortion.

We agree that religion and the religious aspects do not belong in the legal debate. I challenge anyone to prove the existence of "souls."

That said, we don't need any of that crap to resolve this issue. The legal definition for a "person" is quite simply "a human being." And so, "a human being" in ANY stage of their life, growth or development would scientifically MEET that legal definition.

No soul is required for personhood in today's law. Show me a legal definition that says otherwise.


An "avowed atheist" can see that life doesn't begin period.

Again, "Life" in the general sense is not what we are debating here. Individual life is.

Were YOU conceived?
When did YOUR biological parents first become YOUR biological parents?
When did YOU begin to age biologically?
How far back can YOUR life be traced before YOU no longer physically exist as "a (individual) human being / organism?"


Such a person can also see that although the cells of a zygote are unquestionably human cells, describing them as a child begs the question.

See above.

The questions are easily answer when we remain objective and intellectually honest about it.


P.S. What is the purpose of beginning your response with "Yeah, well," ? I"m curious.

Just my way of thinking out loud.

I tend to use it more when I feel like someone is wasting my time.
 
Abortion laws, if any, should be made by women.
That is no less absurd than proclaiming "all child molestation laws (if any) should be made by pedophiles."

Get a grip

Don't be so ridiculous as to ignore the fact that we all have the right to speak up for and to defend the rights of those who can not speak for or defend themselves.

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Abortion laws, if any, should be made by women.
That is no less absurd that proclaiming all child molestation laws (if any) should be made by pedophiles.

Don't be so ridiculous as to ignore the fact we all have the right to speak up for and to defend the rights of those who can not speak for or defend themselves.

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This post demands a place of its own, some special notice, to be framed and put up somewhere.
Everyone should see this. Too bad it can't be interjected more widely. The poster has not only outdone him/herself, but every other comparator to be seen here. Certainly informative about, or rather defining of the position taken.
Please, anyone, let us know what you think of this!
 
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Abortion laws, if any, should be made by women.
That is no less absurd that proclaiming all child molestation laws (if any) should be made by pedophiles.

Don't be so ridiculous as to ignore the fact we all have the right to speak up for and to defend the rights of those who can not speak for or defend themselves.

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This post demands a place of its own, some special notice, to be framed and put up somewhere.
Everyone should see this. Too bad it can't be interjected more widely. The poster has not only outdone him/herself, but every other comparator to be seen here. Certainly informative about, or rather defining of the position taken.
Please, anyone, let us know what you think of this!
You're welcome.

[emoji2]

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This is a LEGAL debate we are having and LEGAL definitions matter.
LEGAL debate? Ok then, let 's go back to legal definitions:

1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant

(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
(b) As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
Your comment is implored regarding post #66.
Thank you.
 
It is too bad that you think I am wasting your time. You may be assured, however, that it will never happen again on this topic.
As you wish. If I thought it was a complete waste though, I wouldn't have responded at all.

It's like having two competing thoughts at the same time. One is that time is being wasted answering the same damn points ad nauseum, and the other thought is that it's still necessary to do so.

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That is no less absurd than proclaiming "all child molestation laws (if any) should be made by pedophiles."

Get a grip

Don't be so ridiculous as to ignore the fact that we all have the right to speak up for and to defend the rights of those who can not speak for or defend themselves.


The combination of insulting condescension "(no less absurd", "Get a grip", "Don't be so ridiculous") and false analogy is characteristic of the rhetoric of the alt-right. Their system is a demagoguery foisted upon our public debate by talk radio partisans like Rush Limbaugh or Bill O'Reilly.

There is also the wobbly legal theory of a "right to speak up for..." linked to begging the question by referring to zygotes as "those" [persons] who cannot speak for or defend themselves."

As a matter of law, there is no basis for the assertion of standing for a a zygote not formed from either egg or sperm of some self-proclaimed defender of what he claims is a human being and an American citizen, even though a microscopic one whom he has never met. Such a defender has a right to speak but no claim to be taken seriously based on a putative right to speak for microscopic pieces of human tissue because he imagines they are people like you and me. It is just a self-important fantasy.

There is no point in attempting a polite discussion with someone whose techniques are constructed from arbitrary assumptions and circular logic. This is the rhetoric of the partisan apologist.
 
[QUOTE="Fishlore, post: ]
There is no point in attempting a polite discussion with someone whose techniques are constructed from arbitrary assumptions and circular logic. This is the rhetoric of the partisan apologist.[/QUOTE]


I agree.

Glad I read this paragraph before responding to all the rest.


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Abortion laws, if any, should be made by women.
"That is no less absurd than proclaiming "all child molestation laws (if any) should be made by pedophiles.""

This comparison is past absurd and right into the OH-zone.
 
Abortion laws, if any, should be made by women.
"That is no less absurd than proclaiming "all child molestation laws (if any) should be made by pedophiles.""

This comparison is past absurd and right into the OH-zone.
Really?

I disagree.

Does an aborted child escape unmolested from the procedure?

If they do, then the abortion attempt was a complete failure.

And, by the way... if you read it closely, you will see that I used one absurdity to illustrate the level of absurdity of the original comment that I was responding to.

It looks like your emotions maybe took over from there.


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The right to life is one of the unalienable rights mentioned in the Declaration. If it applies to zygotes then no state law can restrict or diminish it. A fifteen-year-old girl pregnant from being raped by her father? Tough titty. A thirty-year-old mother of four who will surely die if her fifth pregnancy proceeds? Hard cheese, kids, Mom has gotta go. A woman who miscarries? First degree murder if she knew what she was doing, manslaughter if she just feel off the horse. And then we will be having full funeral services and calling hours for hundreds of thousands of tampons and sanitary napkins. And all because some half-bright religious fundamentalists got all weepy over pictures of fetuses. What a joke!
 
It is passing unbelievable to compare women making laws that regulate their wellbeing with psychologically deranged sexual predators legislating their penalty. That is fundamentally deranged.
 
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The right to life is one of the unalienable rights mentioned in the Declaration. If it applies to zygotes then no state law can restrict or diminish it. A fifteen-year-old girl pregnant from being raped by her father? Tough titty. A thirty-year-old mother of four who will surely die if her fifth pregnancy proceeds? Hard cheese, kids, Mom has gotta go. A woman who miscarries? First degree murder if she knew what she was doing, manslaughter if she just feel off the horse. And then we will be having full funeral services and calling hours for hundreds of thousands of tampons and sanitary napkins. And all because some half-bright religious fundamentalists got all weepy over pictures of fetuses. What a joke!
Many of your comments are more of a subject matter for my thread (also in the cdz) about "exceptions." This thread is not about that.

Let me just say, that's quite an imagination you have.
 
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