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- Xref: sparky talk.abortion:52781 alt.politics.usa.constitution:1324
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- Path: sparky!uunet!usc!cs.utexas.edu!csc.ti.com!tilde.csc.ti.com!mksol!mksol!noonan
- From: noonan@mksol.dseg.ti.com (Michael P Noonan)
- Subject: Re: Reconciling OT with NT
- Message-ID: <1992Dec23.071640.4656@mksol.dseg.ti.com>
- Followup-To: talk.abortion,alt.politics.usa.constitution
- Sender: noonan@mksol (Michael P Noonan)
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- Organization: Texas Instruments
- References: <1992Dec22.051351.4921@mksol.dseg.ti.com> <1992Dec22.203138.23098@netcom.com> <1992Dec22.231102.27270@mksol.dseg.ti.com> <1992Dec23.052521.20134@netcom.com>
- Date: Wed, 23 Dec 1992 07:16:40 GMT
- Lines: 49
-
- [On going debate concerning the states, the constitution and abortion....]
-
- In article <1992Dec23.052521.20134@netcom.com>, ray@netcom.com (Ray Fischer) writes:
- [Ray is writing in response to my query as to why the federal government
- should be involved in the abortion issue.]
- |> >|> Why should _any_ government have jurisdiction here? It is a
- |> >|> fundamental principle of law that a person's property may not be taken
- |> >|> or used without either that person's consent or due process of law.
- |> >
- |> >I think that this is a state issue too. The states all have laws
- |> >regarding property possession. Would you argue that these laws are
- |> >not appropriate, or that the states should not have jurisdiction
- |> >concerning, say, auto-theft? If abortion really is a property issue,
- |> >then it would seem to me that it is an issue tailor made for the states.
- |>
- |> The US constitution, a federal document, states that no person may be
- |> deprived of life, liberty, or property without due process of the law.
-
- I know I don't have a copy with me, but does anyone out there know where
- the Constitution says this? If this is true, why do we have state laws
- protecting life and property? Would you consider these laws to be
- redundant and therefore unneeded? I don't recall any "due process"
- being outlined in the Constitution to handle murder and stolen property
- cases. You seem to imply here that the states should not meddle in any
- issue involving life, liberty or property. Do you really believe this?
- And do you really think that the Constitution protects these things
- sufficiently without any state laws? It was always my understanding that
- the method with which the Constitution handles these things is by leaving
- it up to the states. Perhaps out friends in alt.politics.usa.constitution
- can help us out.
-
- Was the "due process" you mentioned that is supposedly in the Constitution
- used in the RvW decision?
-
- |> >When you say "fundamental principle of law," do you mean a "fundamental
- |> >belief of society"? I was not aware that there are any fundamental laws
- |> >that all societies have. Indeed, I could probably name a society in
- |> >which personal property was of little importance. Perhaps a socialistic
- |> >society?
- |>
- |> I rather doubt you could find any society in which personal property
- |> was of little importance. Regardless, it is certainly a fundamental
- |> principle of western law, and any exceptions are going to be very
- |> rare.
- |> --
- |> Ray Fischer "Convictions are more dangerous enemies of truth
- |> ray@netcom.com than lies." -- Friedrich Nietszsche
-
- Mike Noonan
-