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- Xref: sparky talk.abortion:52820 alt.politics.usa.constitution:1328
- Newsgroups: talk.abortion,alt.politics.usa.constitution
- Path: sparky!uunet!usc!cs.utexas.edu!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Federalism and Due Process
- Message-ID: <1992Dec23.172330.7821@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- References: <1992Dec22.231102.27270@mksol.dseg.ti.com> <1992Dec23.052521.20134@netcom.com> <1992Dec23.071640.4656@mksol.dseg.ti.com>
- Date: Wed, 23 Dec 1992 17:23:30 GMT
- Lines: 76
-
- In article <1992Dec23.071640.4656@mksol.dseg.ti.com> noonan@mksol.dseg.ti.com (Michael P Noonan) writes:
- >[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?
-
- Fifth Amendment. The Fourteenth Amendment then extended federal protection
- to the states.
-
- It seems like you two are talk past each other -- one is referring to
- the Fifth Amendment prohibiting the state and federal government from
- depriving individuals of life, liberty, or property without due process
- (or compensation in the case of property--the Takings clause), and the
- other is referring to laws regarding property possession.
-
- I'll leave it to the two of you to decide which one is spouting
- irrelevancies.
-
- >If this is true, why do we have state laws protecting life and property?
-
- Some predate the Fourteenth Amendment. Others are used to grant state
- citizens greater civil liberty protections than the federal constitution
- does. New Jersey is a notable example.
-
- Or, if you're just referring to anti-theft laws, the Fifth Amendment
- doesn't implicate those at all.
-
- >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.
-
- Fifth Amendment, in terms of the trial process for those accused of these
- crimes.
-
- For the creation of the law of these cases, the Fifth Amendment isn't
- particularly implicated.
-
- >You seem to imply here that the states should not meddle in any
- >issue involving life, liberty or property. Do you really believe this?
-
- They may, but they just have to comply with due process requirements.
-
- >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?
-
- The ability of the federal government to strike down unconstitutional
- state laws has been uncontroversial for 200 years. The Fourteenth
- Amendment extended federal protection of certain civil liberties to
- state residents.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-