NYcarbineer
Diamond Member
The Constitution does not give fetuses any rights, explicitly.
At the time of the framing of the Constitution, 1st trimester abortion (which was referred to as up until the time of quickening) was legal in the colonies.
It is reasonable to assume that if the Founders had wished to make so specific a change in the common practice of the times,
so as to create personhood and the applicable rights for fetuses, which at that time did not exist,
they would have done so explicitly and specifically. They did not.
It is not a constitutionally defensible argument to claim that 1st trimester fetuses are implicitly protected in the Constitution, therefore it is logical to conclude that a woman's right to that abortion is implicit in the Constitution.
"It is reasonable to assume that if the Founders had wished to make so specific a change in the common practice of the times,...."
Wrong, because you still don't have a grasp on the reason for the Constitution.
Its function is not to tell citizens what they can do...it is to tell government what it can do....anything not covered by the enumerated powers is beyond the scope of the federal government.
As the abortion right is not in said powers, it is not within the province of the federal government, and serves as an example of an over-stepping Supreme Court.
This is, and should be, a state decision.
This disagreement serves as an excellent example of the diametrically opposed views of the Liberal big-government serf, you, who looks to government for rights,
....and the conservatives who wrote the Constitution, and those such as myself who endorse individualism, free markets, and limited constitutional government.
If not for the indoctrination of government schooling, far more would still understand that original view.
Do you recall citing the Ninth Amendment the other day, about that existence of rights not enumerated in the Constitution?