Wednesday, January 26, 2011

Part I: For Every Warning Label, There is an Idiot Who Tried it

So, yesterday I touched on how the Roe v Wade trial came about, and who 'Jane Roe' was. (I say was because although Norma McCorvey is still living, she is a completely different person today.  But I will get into that at a later date).
But... Why did anyone ever have to fight for abortion in the first place? In other words... why was it ever against the law?  As I learned recently in my Criminal Law class, a crime is created by a judge.  In other words... what we label a crime, was not always a crime, and is not always a crime, depending on your locale.  One example is this; there are some places in the world where you may kill an adulterous woman.  But in the United States, because a judge deemed that murder is a violation of human rights, you cannot kill that woman.  For most laws that are in place there is a case that deemed it necessary to create a law that would protect people from that act in the future.  We call those acts crimes. Crimes vary region to region, state to state, but you get the picture.
So, why would a judge ever make abortion a crime?  As I previously mentioned, a judge must create the crime- it is his or her responsibility to keep the peace, and protect the people. 
Have you ever seen those warning labels on the lawn mower that say something along the lines of, "When operating device, do not put hands in the path of the blade?"  Ever wonder why they would put a ridiculous warning label, something that you would think would be common sense, on basically anything you buy from coffee to plastic bags to toaster ovens?  Well, someone most likely sued the manufacturer for not properly warning the user of the potential dangers.  And when that case was settled, or perhaps it went before a judge, lawyers mandated that a warning label be present.
For every law, there is, or once was, a REAL reason behind it.

What was the reason behind deeming abortion an illegal act??

Tuesday, January 25, 2011

In the beginning, God made man, and it was very good. But then Abortion was legalized...

You hear it all over the news, in your classrooms, in your chapels, on your way to campus, and maybe at work.  What is this "it?"  "IT" is the battle that has been raging since the 1973 ruling in the U.S. Supreme Court case, "ROE vs WADE."  The trial legalized ABORTION across all borders in the United States.

Let me take you back in time and tell you a story that you may have never heard.  The story of a woman who changed our country, and started a new, silent Holocaust...

It's 1947... Norma McCorvey is born into a home filled with emotional and physical abuse.  Raised by her alcoholic mother, Norma had her own problems with drugs and alcohol, and dropped out of high school by ninth grade.  At age 16 she married a man that beat her, and was raped at some point in her teen-aged years.  By the age of 21, Norma had given birth to two children- one of which lived with Norma's mother, and the other lived with the birth father.  But then Norma found herself pregnant, yet again.  (1)
She sought to have an abortion, but at that time in Texas only rape/incest victims were permitted to have an abortion.  (1)  McCorvey was referred to Sarah Weddington, who, at that time in 1971 was doing research on and providing information about abortion, along with other graduate students at the University of Texas.  From there Weddington and fellow classmate, Linda Coffee, took McCorvey - dubbed Jane Roe to protect her privacy - and her story all the way to Capital Hill. Eventually Weddington won her case. She argued that it was unconstitutional for abortion to be illegal, that it was an invasion of privacy for the government to tell someone they cannot have an abortion.  (She also argued many other point before successfully settling on the privacy theory).  (2). 
What's that? You didn't know that there was a privacy clause in the Constitution?  Well, you were right.  The idea that privacy is a constitutional right is a theory introduced by Weddington.  This theory is based on the overarching of several amendments including, but not limited to, the 14th and 9th amendments.  What exactly do these amendments say?  I'm glad you asked.

I will just display the 'Abortion Clause' from the 14th Amendment (commonly referred to as the "Federal Abortion Amendment").  What is the Abortion Clause??  Well, let me explain it before you read it.  The Abortion Clause is a clause within the 14th Amendment that supposedly supports the idea that the constitution supports abortion.  I'll let you decide for yourself.  Here it goes...

…nor shall any state 

deprive any person of 
life, liberty, or property, 
without due process of law.”  

According to Supreme Court Justice Sandra Day O'Connor in 1992, you can substitute the word "abortion" for the word "liberty" if you wanted to.  (3).  So, I'm thinking, "That's great!! I can just change around words in amendments and I can get away with murder." 
 I.e...

The 5th Amendment is, according to Findlaw.com, 
No person shall be held to answer for a capital, or otherwise infamous crime, 
unless on a presentment or indictment of a Grand Jury... 
 nor shall be compelled in any criminal case to be 
a witness against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property 
be taken for public use, without just compensation.
But if i take O'Connor's approach... Substitute "Even if" for "unless."  Now the 14th AND 5th Amendment can allow you to murder.  Whoops, I was trying to be unbiased in this first entry... 

ANYWAYS... that is where it all started... The End, (or is it just the beginning?)






(1) Wood, D. (June 18, 2003). Who is ‘Jane Roe?’ CNN Online. Retrieved October 13, 2010 from http://articles.cnn.com/keyword/norma-mccorvey
(2) Reaves, J. (January 16, 2003). Interview: Sarah Weddington. Time Online. Retrieved January 25, 2011 from http://www.time.com/time/nation/article/0,8599,409103,00.html  
(3)žNew, D. The Federal Abortion Amendment of 1868. The Covenant News. Retrieved October 18, 2010 from http://www.covenantnews.com/davidnew050209.htm