Then why is Abortion wrong?
You don't seem to be grasping my position. In the US, (which is the only country that I may have any effect on with regard to the laws), abortion, as it stands is unconstitutional and a human rights violation. While I have personal views with regard to the inherent rightness or wrongness of abortion, my personal views are not part of my argument.
I apologize, I was originally giving you the benefit of the doubt. Here let me explain the obvious fallacy's in your argument.
1. If all law comes from the Constitution, where does Constitutional law come from?
Constitutional law is not a body of law as in real estate law or a set of statutes. Constitutional law is a theory of law concerned with what is and is not constitutional.
2. If all law comes from the Constitution, where in the Constitution does it say that everyone has the right to life?
Law does not come from the constitution. The constitution is, for lack of a better description, the by laws laid out by the founders by which the entity called the USA would protect the rights of its citizens. Law comes from the lawmakers but must operate within the constitution and not deny rights unless it enumerates which right, from whom it is to be withheld, and for what reason.
Actually, I may have missed that. Im glad you admit that you believe that abortion is wrong. Now please explain why its still wrong, even in a nation that allows it, like the UNited States?
It doesn't matter why I think it is wrong as that is not the basis of my argument. I don't have to agree or disagree with a think to argue for or against it any more than a lawyer has to agree or disagree with his client. I argue abortion because it is unconstitutional and a human rights violation. Write law that denies the right to live from human beings until such time as they are born or are viable and you won't see me arguing this point.
I didn't do it deliberately. You may not realize the glaring contradictions in your argument that make it difficult to discern what it is your saying. My attempts were to understand your argument, which you aren't being very clear about. However, now that we both agree, that you beileve that abortion is wrong, I want you to explain why it is wrong.
I am perfectly clear. If there are contradictions present, it is between what you want my argument to be and what it actually is. And once again, my personal beliefs are not the issue here., the law is the issue here.
Good point. However, once again we run into the problem, that all killing is not wrong. Therefore, just because you kill a fetus or an unborn, it is not necessarily wrong. So even if Science does update our understanding in this situation, science does not equate to law.
But it does narrow what we know from broad strokes to fine points. When roe was written, based on what we knew at the time it was possible to make an argument of sorts that unborns were not human beings. Roe was decided on the basis that unborns were not human beings and therefore not persons since according to the law, one need only be a human being in order to be a person. Science has reduced that broad knowledge that allowed that unborns might not be human beings to a fine point that makes them undeniably human beings.
That being the case, law that applies to entities that were not thought to be human beings simply can not be fairly applied to human beings.
OK, so then if abortion is always wrong, no matter what the law says, then why is it wrong.
Once again, my personal beliefs are not part of this discussion. I know you wish they were because feelings and beliefs are so easy to argue against. My position is based in the law which is not so easy to get around. If I didn't think that I could win this debate without dragging my feelings, or my beliefs or my morals into it, I would not enter it. This is why a pro choicer can't win because their entire position is based on what they feel rather than what is.
That has nothing to do with a mother terminating her pregnancy though. A mother is not the state. However, by legislating that the mother is unable to terminate her pregnancy, then it is depriving her of her liberty.
If the state allows individuals to decide to kill an individual, the state is allowing its citizens to be denied their right to live without due process. See lynching law.
With regard to her liberty. All rights are secondary to the right to live.
Thats great, though I don't see the relevance.
Most pro choicers when faced with the fact that unborns are human beings and the 14th amendment immediately jump on the personhood issue without realizing that in the eyes of the law, human beings are persons. Pardon me if I misjudged you and you are not going to try to make an issue out of the word person.
Your changing the subject, I simply want to know why you feel that abortion is wrong.
I am never going to tell you why abortion is wrong. It is no more germain to the issue than a lawyers personal feelings about any issue he is arguing in court.
But you just said that it doesnt matter what the law sais, all abortion is wrong regardless. I want to know why?
I want to know the winning lotto numbers for tomorrow night. I don't play lotto but if you know the numbers and give them to me, I will tell you why I believe abortion is wrong. Otherwise, lets just stick to the law.
Here you go contradicting yourself again. If your argument isn't about right and wrong, then how can you say that abortion is wrong, no matter what the law sais?
For the purposes of this discussion, abortion is wrong because it is unconstitutional and a gross human rights violation.
Why is it wrong to kill anyone?
If you want to have a philosophical discussion, feel free to start a thread. I may join in or not.
Why do you need to consult a necromancer or gypsy to ask if life is worth living if you have no liberty or happyness? Our founding fathers felt that life came secondary to liberty and happyness.
I have no right to determine for you whether your life is worth living or not. If you don't think yours is worth living or might not be worth living in the future, feel free to end it. I, however, won't make that decision and act on it for you.
And our founders did not feel that life came secondary to liberty and happiness since they wrote it first. The legal language is what it is and it hasn't changed in the respect of listing the order of importance since long before our founders wrote their document. Even if they didn't really believe that life came first, it wouldn't matter because since they wrote it first, every item in the list after it is in decending order of importance. I doubt very seriously that they were unaware of the signifigance of placing life first in the order though.
I don't need to discuss with a lawyer what the spirit of the Declaration of Independence is, and the reasoning behind the Revolutionary war. And I don't mean the reasoning from the Congress or the rich people that funded it. I mean the average citizen who fought. Yet, we're running on a tangent that has nothing to do with the matter at hand.
None the less. The order in which they are written has a definite and undeniable signifigance.
Yet, every unborn child threatens the life and longterm health of the mother does it not?
Every driver on the road represents a threat to your life or long term health. You may not, however, take action against them without legal consequence unless they represent a more immediate threat to your life or long term health.
Abortion has been allowed for quite some time, and I don't see this downward spiral you are speaking of.
The observation was not about abortion specifically but now that you mention it, we, as a society certainly do have less respect for the lives of our fellows than we did prior to roe.
Thats because you as most Americans, believe that you are special. You are not special.
But I did come into being with a right to live and it is the responsibility of the government to protect that right and punish anyone who disregards that right.
And how do we formulate law?
Via the debate and vote of the houses of congress subject to the veto of the president.
Yes and our sphere of moral understanding evolved to the point where we realized that slavery was wrong. So we made laws that reflected that. So please explain why abortion is wrong.
My personal beliefs are not part of this discussion. I know that feelings and such are much more easily argued against than reality but I would rather stay out of that "touchy feely" sphere and stick entirely to reason.
If you want to go there though, how about you explain the reasoning behind your belief that it is OK to kill another human being for reasons that amount to no more than convenience.