- Banned
- #61
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 don't know why you are so confused about this. Yes, murders are for the most part up to the States to prosecute.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 lawsI disagree.
With the exception of federal agents, homicide is State jurisdiction.
Or...are you arguing any homicide should be subject to federal criminal code?
Sent from my SM-N920V using USMessageBoard.com mobile app
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?
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.
Sent from my SM-N920V using USMessageBoard.com mobile app
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
Last edited: