C_Clayton_Jones
Diamond Member
This confuses civil law with that of criminal law, substantive due process with procedural due process.Incorrect.As was with my previous thread, there is no fancy thesis, or essay. Just a challenge to the readers to prove one way or the other whether the right to choose trumps the right to life or vise versa. To avoid being accused of bias, I will wait a bit before interjecting myself to this discussion. However, I reserve the right to enter the discussion at any point to argue from my point of view.
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The so-called 'right to choose' is in reality just the right to infanticide. Whole logic hinges on a temporal arguement. That is, at this point it's just a fetus, and then later at this point it's a baby. But I would argue if you don't fiddle with it it's becomes a baby.
Some have made the case that life begins with neural activity, just as it ends when the brain ceases all activity (brain death.) If we go by this, then 'babies' begin around week 8 or 9 when their brains enable them to move autonomously.
As a fact of law, prior to birth, the embryo/fetus is not a 'person,' and not entitled to Constitutional protections, consequently abortion is neither 'murder' nor 'infanticide.'
And prior to birth, the protected liberty of the woman is immune from unwarranted interference by the state, as the issue impacts solely on the woman's bodily integrity.
The 'potential to become a baby' argument therefore fails as it can be applied to the sperm and ovum prior to fertilization as justification to ban contraceptives, which is just as unwarranted and un-Constitutional as seeking to 'ban' abortion.
Several states already consider the "unborn baby" a baby as in drunk driving fatalities involving pregnant women where the baby is another life adding to the charge. So-called feticide laws.
"What appears below is a summary of the laws of the 37 states that recognize the unlawful killing of an unborn child as homicide in at least some circumstances."
State Homicide Laws That Recognize Unborn Victims National Right to Life
Abortion, because it's legal isn't murder correct. But it IS (using new word just learned heh) feticide.
"Missouri: The killing of an “unborn child” at any stage of pre-natal development is involuntary manslaughter or first degree murder. Mo. Ann. Stat. §§1.205, 565.024, 565.020 (Vernon Supp. 1999), State v. Knapp, 843 S.W.2d 345 (Mo. 1992), State v. Holcomb, 956 S.W.2d 286 (Mo. App. W.D. 1997)."
When someone acts in a criminal manner that results in the loss of a pregnancy, the crime is committed against the woman, not the embryo/fetus, as a fact of law it is not a person – it's the woman's right to decide for herself whether to have a child or not that's been taken from her, it is the woman who is the victim, not the embryo/fetus, her right to decide has been violated by the criminal act, where the suspect is prosecuted in the context of criminal law.
The right to privacy in the context of civil law and substantive process, on the other hand, addresses the woman's relationship with the state, where the woman is afforded the protected liberty of being free from unwarranted interference concerning whether to have a child or not, as the state may not compel a woman to have a child against her will.