jayem
Naturalist
- Jun 24, 2003
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But it's true that nowhere in the Constitution is it stated, or even implied, that the unborn are "persons" as that term is used in the 14th Amendment and elsewhere. In the late 18th century, when the Constitution was written, the unborn weren't even thought to be alive until quickening. Which doesn't usually occur until the 4th month or so of pregnancy.. I suppose that pursuant to the Dobbs v. Jackson decision, a state could recognize the unborn as "persons" in the legal sense. But it would only apply within the state borders. And a provision to allow termination would be needed if continuing the pregnancy would pose a clear and present danger to the mother's health and life. If pro-life interests controlled the Congress and Presidency, and could overcome a Senate filibuster, then personhood could be conferred by federal law. But such a law could be repealed if pro-choice forces were in power, The most secure way to establish nationwide legal personhood for the unborn would be by a Constitutional amendment. Which I don't see happening in my lifetime.Correct, but I was misunderstood
The idea that a fetus is a "potential" living being is nonsense. The fetus is very much alive, developing, and will become a living newborn
I have seen pro-life people use the idea of a "potential human" to mean that the fetus is not alive, isn't a person, etc.
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