home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: talk.abortion
- Path: sparky!uunet!haven.umd.edu!darwin.sura.net!sgiblab!sgigate!sgi!wdl1!bard
- From: bard@cutter.ssd.loral.com (J H Woodyatt)
- Subject: Re: Constitutional abortion rights
- Message-ID: <1992Nov24.002247.5408@wdl.loral.com>
- Sender: news@wdl.loral.com
- Reply-To: bard@cutter.ssd.loral.com
- Organization: Abiogenesis 4 Less
- References: <nyikos.721587670@milo.math.scarolina.edu> <1992Nov20.003506.8807@ncsu.edu> <1992Nov20.230850.26925@wdl.loral.com> <1992Nov21.082002.4994@midway.uchicago.edu>
- Distribution: na
- Date: Tue, 24 Nov 1992 00:22:47 GMT
- Lines: 56
-
- eeb1@quads.uchicago.edu (e elizabeth bartley) writes:
- # bard@cutter.ssd.loral.com (J H Woodyatt) writes:
- #
- # >Well, Doug, seeing as how the only thing you *will* own up to is that
- # >you don't think abortion should be a Constitutional right, why don't
- # >you give us your reasoning for why you think the abortion right isn't
- # >covered in the Ninth Amendment?
- #
- # I'm not Doug, but....
-
- I'm primarily interested in Mr. `Undecided' Holtsinger's opinions --
- yours are well known -- but I want to respond to some of the things
- you write here.
-
- # I don't think the Ninth Amendment guarantees a right to abortion
- # because I think that the Ninth Amendment safeguards right legally
- # granted to the people by sources other than the U.S. Constitution,
- # primarily state constitutions and English Common Law. It *would*
- # prioritize a right in a state constitution over a federal law against
- # abortion, however.
-
- Except where that would violate the 14th's equal protection clause?
-
- Here's the 9th:
-
- ``The enumeration in the Constitution, of certain rights, shall not
- be construed to deny or disparage others retained by the people.''
-
- Perhaps you could educate me as to why you read the phrase `retained
- by the people' as implying the phrase `retained by the people through
- state constitutions and English common law *only*.'
-
- # If I wanted to find a right to abortion in the Constitution, I'd look
- # at the Fourteenth Amendment ... no involuntary servitude....
-
- I think you mean the 13th:
-
- ``Neither slavery nor involuntary servitude, except as a punishment for
- crime whereof the party shall have been duly convicted, shall exist
- within the United States, or any place subject to their jurisdiction.
-
- ``Congress shall have power to enforce this article by appropriate
- legislation.''
-
- I think if you want to find the right to abortion, you have to look
- exactly where Justice Blackmun says the court looked when they found
- it in Roe vs. Wade -- I trust you have a copy and can look it up for
- yourself, so I will not repost it here.
-
-
- --
- +---------------------------+ ``I guess the government that robs its
- | J H Woodyatt | own people earns the future it is
- | bard@cutter.ssd.loral.com | preparing for itself.''
- +---------------------------+ -- Mark Twain
-
-