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.
"[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."
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 24.
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 history.
The Mississippi version of the UHLA
was introduced as a
People's Initiative on November 1, 2005. (see:
www.Initiative24.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.
The wording of a State Human Life Amendment
(aka Personhood Amendment) is extremely crucial. It must
contain these following elements.
ACTIONS SPEAK LOUDER THAN WORDS
The Supreme Court LOOKS AT BOTH a state's laws
(including constitution) and the state's actions, what
they do. To convince the Supreme Court any state is
serious about a declaration that an unborn child is a
person, the state must enforce the amendment. In
Mississippi Initiative 24, the Ultimate Human Life
Amendment, we place this mandate upon the state to do
just that:
"...the
government of the state of Mississippi shall recognize
and defend the God-given Right to Life of all persons
equally..."
So now the state is forced to halt all
prosecution for murder (not likely) or will have to
start prosecuting for murder of the unborn.
PERSONHOOD & THE DUE PROCESS
CLAUSE
This bears repeating: We have laws against murdering a
person. The only problem is current federal case law
does not recognize an unborn child as a person. So
using a constitutional amendment process we can
establish the definition of a person to include an
unborn child.
From the Ultimate Human Life Amendment, Mississippi
Initiative 24:
"The word "person" shall
apply to all human beings...
...at all stages of biological development from
fertilization until natural death."
Person must be defined to include unborn children
and must include provisions for for non-sexual,
artificial laboratory creation of unborn children. In
addition the definition of personhood must be connected
to the due process clause already in the state
constitution which reads:
"Section 14. No person shall be deprived of life,
liberty, or property except by due process of law."
Mississippi Initiative 24 states: "in
accordance with Section 14" This is in most
state constitutions in one form or another but an unborn
child would have to be convicted of a capital crime and
tried before they could be sentenced to death -- again
not likely.
NO EXCEPTIONS
If people and politicians only knew that providing an
exception for rape or incest is what got us into this
entire mess with abortion in the first place they might
think twice. If any exception is given to kill an
unborn baby, except when saving the life of the mother,
then the state is proving that it does not believe an
unborn child is a human being. This was the case for
prior to Roe v. Wade and the case for the State of Texas
under which Roe came from. In Roe, Texas argued before
the Supreme Court that unborn children were human beings
and persons due protection. The Supreme Court did not
believe them because their laws and actions of the state
said otherwise, as in point #1 above shows. Their talk,
their law (and constitution) must match their actions.
