[MD] Morality, Abortion and the MoQ
Michael Poloukhine
moq at poloukhine.com
Mon Mar 23 07:53:39 PDT 2009
> Ham wrote:
> I would say it is
> the individual's "right" to act in accordance with his/her values.
> So does
> the U.S. Constitution, which guarantees that "No person shall be ...
> deprived of life, liberty, or property, without due process of law."
> And
> Roe vs.. Wade upholds that guarantee.
MP: LoL. No it doesn't.
Due process of law means the ability to defend in open court one's freedoms
against the restrictions of a law in that regard.
Roe v. Wade, rather than support that process on the issue of abortion, took it
off the table by dictating what law can say on the issue. It created a right
(privacy) that did not exist in the Constitution and restricted society's express
rights (due process, states' interests) by writing a decision that actually *defined
action* rather than interpreted Constitution.
Roe v. Wade was a Judicial decision (not a law) that in fact struck down due
process of law by creating a right to privacy that *does not* exist in the
Constitution. That right was created by Blackmun and the other six out of thin
air. It was not about property rights. And it expressly allowed states to restrict
abortions once the fetus is "viable" which these days is about 24 weeks. At that
point, Roe v. Wade allows that fetus the protections of the Constitution
regardless how you make the distinction between life and property.
Your argument has standing *only* on the acceptance that the life inside the
woman is neither life, nor person at the time of abortion, and that a man's
participation in creating that life with the woman has no moral bearing purely
because she bears the child. But so far, we've not managed to focus this
discussion on ascertaining if that is in fact an MoQ moral truism. We are too
busy bashing each other over the head with our opinions.
In an MoQ perspective, I am of a mind that what you say (about morals, not the
R v. W) may in fact be the case through birth if not further, so on an MoQ basis,
I would have to agree with what you've said about the issue. But I want to
explore that on its merits, not on peoples' opinions about laws, Constitutions
and talk radio.
MP
----
"Don't believe everything you think."
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