And YOUR argument will continue in its unmistakable spiral unless you give a CLEAR STANDARD FOR PERSONHOOD -- which is what I have been asking since the start.
And I have given it. The fact that you don't like it is irrelavent.
Are you daft?
'All persons BORN or naturalized in the united states etc. etc.'
Now this is a change. Are you saying that you really don't understand the 14th amendment? If the above was a serious statment, then it is more than obvious that you not only don't know the history behind the 14th amendment and the purpose for which it was written, but you don't know what it means either. You have based your argument on a faulty understanding of the 14th amendment and as such that fault has magnified itself throughout your entire position. I have already gone through this in detail for topgun so if you don't mind, I will simply bring the explanation of the 14th amendment that I gave him here.
Amendment 14 - Citizenship Rights
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
You may or may not have noticed that the amendment is written in two sentences. There is a reason for that.
At the time the amendment was added, states were in charge of citizenship, not the federal government and as such, people were first and foremost, a citizen of their particular state and second a citizen of the US. There were several states that were denying their citizens ther basic human rights on this basis. The first sentence in dark red) establishes that we are first and foremost citizens of the US and secondarily citizens of our state and since we are primarily citizens of the US, our rights are protected by the constitution.
Clearly the first sentence (written in
dark red) states that only persons born or naturalized are citizens but one doesn't have to be a citizen in order to enjoy the protections of the 14th amendment as I will explain.
The second sentence is written in three clauses. There is a reason for this.The first clause (written in
blue) is to enhance and punctuate the first sentence. It states clearly that no state law can override the rights protected by the constitution.
Did you notice that the clauses are separated with semicolons (
![Wink ;) ;)](https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png)
instead of commas (,)? Do you recognize the signifigance of semicolons vs commas. Maybe I better explain that to you as well since it is clear that you haven't seriously considered the language or punctuation used in the Constitution. One must understand the punctuation used in order to grasp what the writers are saying. A semicolon used to indicate a major division in a sentence where a more distinct separation is felt between clauses or items on a list than is indicated by a comma, as between the two clauses of a compound sentence.
The second clause (written in
red) states that no person shall be deprived of life, liberty, or property, without due process of law. This clause states that no person shal be deprived of life, liberty, property without due process, not "no citizen". The first clause points out and states that citizens have certain privledges and immunities attatched to their citizenship where as the second states that NO PERSON shall be deprived of life liberty or property.
This theory was first tested in the case of Yick Wo v Hopkins in 1876. The court clearly stated that "The Fourteenth Amendment to the Constitution is not confined to the protection of citizens."
There are numerous cases after this one that affirmed this fact. If you need to see them, I can look some of them up for you.
Finally, the third clause (written in
purple). "nor deny to any person within its jurisdiction the equal protection of the laws". Tell me that you aren't aware of the EQUAL PROTECTION CLAUSE. This is it. It is why you can't kill, rape, beat, or steal from non citizens. Stated simply, one doesn't have to be a citizen of the US for one's right to live to be protected in the US or be born in the US in order to be considered a person under the constitution.
Hence the need to prove personhood to the UNBORN. I really don't know the purpose of this line of reasoning when, by your admission, justice blacknum has already set the criteria by which personhood is extended to the point of conception - a clear legal precedent within the meaning of the 14th ammendment.
You really don't understand what you are reading do you? I thought you might just be playing, but you really don't understand it. Justice Blackmun isn't saying that personhood is defined by the 14th amendment or that the 14th amendment says who is and who is not a person. Justice blackmun is saying that if a case is made for the personhood of the unborn, they will be entitled to the protection of the 14th amendment.
I am not sure where you got the idea that the 14th amendment in some way defines what is and what is not a person because it clearly doesn't. The 14th amendment only states what rights persons have. If you are unsure what a person is, refer to any legal dictionary to find a legal definition in the same manner as you would look up any other word you don't understand in a legal dictionary to get a legal definition.
Did the 14th ammendment define the word person that would have you believe that there is a RE-definition of this word???
The 14th amendment doesn't define anything. The 14th amendment only states that no person shall be denied certain rights without due process. Again, if you are unsure what a person is in the eyes of the law, refer to a legal dicitonary.
Neither the constitution nor natural law defined the word person. They assume it to be INTUITIVE OR SELF-EVIDENT.
Refer to the founding documents. They state that we are endowed by our creator (that is, we come into being) with certain inalienable rights and among those are life liberty and the pursuit of happiness. I can find nothing within the founding documents or the constitution that states that one is only a person when one has finished a "magical" 7 inch journey down a birth canal.
By the way, according to your reasoning, those delivered by cesarean section would also not be persons as they were never born. The word born has a specific meaning as it refers to one's birth and the word birth is quite specific as well.
But there is a time when a human being IS NOT A PERSON -- within the contemplation of the law. From your own admission, comatose individuals aren't persons.
I have never said any such thing. One more example of you misrepresenting my position in order to build a strawman which you can appear to knock down. A person who is so badly injured or so sick that they can not reasonably be expected to recover is still a person. We can't attack them bodily and kill them. We can stop treatment and let nature take its course. If they die, then they die but if they continue to live, we still can't bodily attack and kill them. You don't cease to be a person when you are too sick or injured to be expected to recover.
'...to be secure in their persons,...' would include the unborn if such an entity is not a person. Do we really need to rehash this line of reasoning. It is clear from the majority decision, is it not?
To be secure in their persons from what? The amendment clearly states that they shall be secure in their persons from unreasonable search and siezure without a warrant. There is no inferred, or implied right to privacy that would allow one to kill another human being without legal consequence. A right to privacy is made up. No such right exists.
Privacy is a LOGICAL CONSEQUENCE of the 14th ammendment. Everyone knows that. In fact, there are countless precedents for this.
Actually, there are not. There are a handful that stem from Griswold v. Connecticut which was the basis for Roe v Wade. Griswold v Connecticut established that a woman could take birth control pills if she so chose and was protected by the 4th amendment as taking the pills is a private matter. The leap from being protected so that one can take birth control pills to being protected so that one can deliberately kill another human being is not to be found within the either Griswold v Connecticut or the Constitution itself.
By the way, one doesn't have to get very far from matters of sex and reproduction in order to see one's Constitutional "right" to privacy begin to dissappear. This is a clear indication that the right to privacy with regard to sex and reproducton are fabrications of the court to justify thier unconstitutional decision.