Abortion is Unconstitutional: Unborn Babies Protected by 5TH AND 14TH Amendments

During the first Republican presidential debate, Governor Mike Huckabee made an excellent point about abortion; one of the best points made by any of the candidates all night.  In an attempt to challenge his stance on abortion, Megan Kelly asked him to defend his no exceptions opinion.  From the way she worded her question to Governor Huckabee, Ms. Kelly appeared to be uncomfortable with a stance that did not include an exception for rape.  Many people among those who oppose abortion agree with her.  But Huckabee made a point that few people—even those who are anti-abortion—have taken the time to think about.

His point was this.  If we believe that life begins at conception, then aborting a baby at any point during a pregnancy violates the 5th and the 14th Amendments, making abortion unconstitutional even in cases of rape.  The 5th Amendment contains a clause that reads: “No person…shall be deprived of life, liberty, or property without due process of law…”  The 14th Amendment contains a clause that reads: “…nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Even those who want to argue that life does not begin at conception must admit that technological advances have pulled back the veil and now show conclusively that a beating heart can be detected just two weeks after conception.  Consequently, arguments over when life begins are no longer relevant.  We know that life begins at conception.  This being the case, an unborn baby shall not be deprived of its life without “due process of law” according to the 5th Amendment or without being afforded “equal protection of the laws” according the 14th Amendment.

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In other words, the Supreme Court got it wrong in Roe v. Wade, meaning every abortion performed since that infamous ruling has been illegal.  In the Supreme Court’s defense, we now know more about when life begins than we did in 1973, although knowing what we know now probably would have made little if any difference to the justices who ruled in favor of abortion in Roe v. Wade. The Supreme Court, in its infamous 7–2 decision, ruled that abortion was legal under the 14th Amendment.

To reach this decision the justices had to reject the claim life begins at conception, which they did.  Since the decision in Roe v. Wade, pro-abortion advocates have worked hard to move the time when life begins to later and later in the pregnancy.  Many now claim that life does not begin until after a baby leaves its mother’s womb and proves to be viable outside the womb.  There are even those who want to make abortion legal up to the point when the baby leaves the hospital with its mother.

Perhaps the worst example of what pro-abortion advocates really want can be seen in the recent cases of Planned Parenthood officials hacking up aborted babies and selling their body parts.  This heinous practice—as gruesome as it is—should have been predictable.  After all, someone who is willing to kill a baby with a beating heart, in all likelihood, will eventually become so hardened in his soul that killing a new-born baby outside of its mother’s womb seems normal and acceptable.  To such a person, chopping up an unborn baby or even a new-born baby and selling its body parts is really just the next logical next step down the road to depravity.  One can only wonder what pro-abortion advocates will find acceptable in the future.

The key to saving the lives of thousands of babies every year is to gain widespread acceptance of the fact that life begins at conception.  Once this fact is widely acknowledged, unborn babies will be protected by the 5th and 14th Amendments; amendments that should protect them now and would were it not for the nefarious scheming of people who place no value on human life.  Right now it is babies who are risk.  But if you are over 65 years old, you should be worried.  The elderly, like babies, can be inconvenient and abortion is nothing more than the killing of those who are unwanted because they are inconvenient.

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