MAIN WEB SITE:  UnbornChildren.com

 


A Brief Overview

All it takes is One State to enact this as a State Constitutional Amendment and it will overturn Roe v. Wade and Abortion throughout the United States

Upon adoption of a precisely worded State Human Life Amendment, like the Ultimate Human Life Amendment, into any state's constitution, and upon challenge in the federal courts, the federal courts will be legally maneuvered into adopting that state's definition of person. When this is done Roe v. Wade will easily be overturned in the courts and a new 'federal' definition of persons that includes unborn children will be the ‘law of the land’ -- making the killing of unborn children illegal throughout all states and U.S. territories.

THE LINKAGE is this: 
If you are a citizen of a state then you are automatically a citizen of the United States and automatically given protection under the U.S. Constitution.  There is a similar linkage on personhood.  If a state declares  constitutionally that an unborn child is a person then automatically the U.S. Constitution provides protection for that person.  Federal judges will be legally maneuvered into recognizing unborn children and their rights under the U.S Constitution.


U.S. Supreme
Court Justice
Harry Blackmun

Architect of the 1973
Roe v. Wade Decision

"[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."

Roe v. Wade Decision
(Writing for the Majority)

More on this in the drafting notes and commentary on the UHLA.  Read the actual wording of Mississippi's version of the UHLA, as proposed in their People's Initiative 23.
 

BUT won't overturning Roe v. Wade just send it back to the states?

Most people have heard the idea that once Roe v. Wade is overturned the issue of Abortion will go back to 'pre-Roe' times, the way it was before Roe in 1973, meaning it would go back to each individual state to decide.  This is a common belief and a dangerous misconception.  Those who repeat this idea cannot themselves give any underlying facts to support it.

To understand this better you must first understand on what basis CAN Roe be overturned.  Some think that a state can just 'ban' abortion and not have it overturned in a Federal Court.  This is not true.

Since Roe v. Wade the issue of Abortion has been "Federalized" it has become a federal or national issue and can never go back to the states.  This is because the U.S. Supreme Court declared that a woman, under the U.S. Constitution, had a 'fundamental right' to an abortion (viewed as a medical procedure in the courts) -- along the line of thinking that everyone has the right to make their own medical decisions.

The only higher right than the woman's fundamental right to make her own medical decisions is the right of an unborn child, a person, to life.  The ONLY WAY Roe v. Wade will be overturned by the federal courts is when they recognize an unborn child as a person, and thus weigh between the rights of the child and the mother.  In doing so they will adopt a 'federal definition of person' to include an unborn child making that definition 'law-of-the-land' and making the murdering of unborn children a crime throughout the all states and U.S. territories.

Listen to actual Audio from Roe v. Wade:


The 'Banning Abortion' Strategy

Any state law or state constitutional amendment, that attempts to 'ban abortion' outright will always be overturned in the federal courts.

To understand the Federal Courts better let's take a look at this question:
Does a person have the right to make their own medical decisions?
The common sense answer is obviously YES.   This is a fundamental right.

At the present, all courts consider abortion a medical decision, so any legislation that is worded to heavily restrict or outlaw abortion will fail because the courts view it as ‘taking away’ from a woman's rights, a legal 'negative'.

Most of the federal courts cases you've heard about dealing with abortion have been like this, when a state tries to 'regulate' or to 'limit' the circumstances and instances in which an abortion can take place.  In these cases the federal courts are forced into a position of weighing between the 'rights of a mother' and the 'rights of the state government'.

 

The 'Unborn Children are Persons' Strategy

The only way to end abortion is through a state constitutional amendment that legally recognizes unborn children as persons, a legal 'positive'. This grants or recognizes the human rights of unborn children and would automatically legally maneuver the Federal and state courts into doing the same.

This approach frames the question properly:
Should we protect unborn children from being killed since they are human beings?  The common sense answer is obviously YES.  A baby's Right to Life outweighs the mother's fundamental right to make her own medical decisions, except when saving her own life.

The correct strategy is to maneuver the federal courts into weighing between the right of the unborn child and the right of the mother.  When you do that the federal courts will eliminate all abortions, except to save the life of the mother.
 

The Main Goal of the Pro-Life Movement

Since the beginning of the modern Pro-Life Movement in the early 1970s, the top goal of every Pro-Life Organization has been to get Congress to pass a Human Life Amendment to the U.S. Constitution knowing the effect would easily overturn Roe v. Wade and abortion in America. In over 30 years Congress has never allowed it to come to a vote, so trying to get anything pass through Congress has been impossible.

If not Congress then what about the states?  Our 'constitutional rights' are historically and primarily protected in our state constitutions, not the U.S. Constitution.  This concept led to the rise of the Ultimate Human Life Amendment (UHLA), a model STATE constitutional amendment that protects the Right to Life of all persons equally, from conception until natural death.  A STATE Human Life Amendment has NEVER been tried before!  The UHLA is THE FIRST-EVER STATE Human Life Amendment introduced in American historyThe Mississippi version of the UHLA was introduced as a People's Initiative on November 1, 2005.   (see:  www.Initiative23.com)

The Ultimate Human Life Amendment (UHLA) contains these key components necessary to overturning Roe. v. Wade:

  • CONSTITUTIONAL RIGHTS: 
    Recognizes unborn children as 'persons' legally as a state constitutional right (state laws are not good enough).

  • EQUAL ENFORCEMENT OF MURDER LAWS: 
    State government must enforce and prosecute the killing of a person (born or unborn) under the same murder laws equally and may not use any 'special' abortion laws.

  • NO EXCEPTIONS: 
    The State government must not be allowed to have ANY exceptions to abortion, other than to save the life of the mother.

Click Here to read the full commentary and notes on the drafting of the Ultimate Human Life Amendment.


GET MORE INFORMATION:

 

This Page is Located at:
www.
ProLifeDave.com/uhla
or www.Pro-LifeDave.com/uhla

 

www.UnbornChildren.com

Pro-Life Generation  -  The NEW Pro-Life Movement is HERE!
The NEW Pro-Life Movement is HERE!


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P.O. Box 8240, Biloxi, MS 39535