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INCREMENTAL LEGISLATION -
Why It Has failed to stop
abortion in America
The ProLife community's honorable efforts to stop or slow abortions through incremental
legislation over the last 20 years has failed. We are at least 48 million
dead babies too late with no prospects for stopping abortion in the foreseeable
future. It is not possible to permanently protect the life of the Unborn
Child through Incremental Legislation.
- Congress cannot overturn Roe
vs. Wade with legislation. The States cannot overturn Roe vs. Wade with
legislation. When the Supreme Court mandated a "constitutional
amendment" from the bench in Roe vs. Wade, it created a new "Constitution",
without ratification by the States, that removed the inalienable right to life
for the Unborn Child and replaced it with an un-enumerated right of privacy
for the mother. This new un-enumerated "privacy" right empowers the
American woman to kill, at will, her Unborn Baby with impunity. This is
insanity!
- If the Supreme Court on its own, decided to overturn Roe vs. Wade, a later
court could easily reinstate it. There is nothing permanent about
Supreme Court decisions that are politically charged.
- If the Supreme Court decided to
overturn Roe vs. Wade the consequence would be an
unimaginable nightmare for the 50 States. For the past 20 years the ProLife
community has been unsuccessful in stopping abortion, at the Federal level, with Incremental
Legislation. If the Court reversed itself, the battleground for the ProLife
movement would shift to the Courts and Legislatures of all 50 States.
Limited resources would be stretched to the breaking point. In addition,
there would be no prospects for all 50 States amending their State
Constitutions to protect the Unborn Child. Women living in States
prohibiting abortions would simply go to an adjacent State to have an
abortion. Finally, ProLife groups would have an endless task of
defending the progress they achieved in the States where they had been
successful.
- There is a Congressional effort going forward
that wants both houses of Congress to make a law declaring that the
Unborn Child is a "person" from conception. The rationale is since the
Supreme Court did not determine when an Unborn Child is viable, it left the
door open for Congress to declare that viability starts at conception.
This effort is commendable and the Citizen Initiatives will do
all it can to encourage its success, however, the prospects of a law coming
out of Congress giving the Unborn Child personhood from conception are
slim to none. Congress has not in the past nor will likely be in the future
interested in giving the Unborn Child "personhood" under Amendment XIV.
The ProLife community has been waiting for decades, in vain, for Congress to
pass such a law. The "Late Term Abortion Bill" that Congress did manage to
pass, after being twice vetoed by President Clinton, did not stop late term
abortions, it only stopped the barbaric practice of crushing the Child's head
while alive and in the womb, even though the rest of his body had been delivered.
The truth is the abortionist can still abort the same Child by dismembering
him inside the womb and extracting his body parts. Even if
Congress did pass a "Personhood at Conception Bill", it would be challenged leaving the Supreme Court
with the final say once again. The Court could decide in favor of the Law in
which case Roe vs. Wade would be overturned (this would result in a nightmare
for the States). In the future, however, the Supreme Court could reverse itself
once again and reinstate abortion rights for pregnant women. The life
of the Unborn Child would again be left to the whim of 9 justices. If the Court decided against Congress'
"Personhood at Conception Bill", Roe vs. Wade would stand and abortion on
demand would continue. In either case Congress is not likely to
consider a "Personhood at Conception Bill" in the foreseeable future.
Incremental legislation even with this honorable intentions is a flawed
strategy that cannot provide for the Unborn Child permanent protection from
abortion. It is imperative that those advancing ProLife causes through
incremental legislation join with the Unborn Child Amendment Committee
simultaneously to amend the Constitution through a "Single Issue" Unborn Born
Child Amendment Convention. By giving the
Unborn Child standing as a "Person" in the Constitution through the Unborn
Child Amendment we permanently protect the Unborn Child's life in the same way
each of us is protected under Amendments V and XIV. Neither
Congress nor the Supreme Court can overturn a Constitutional Amendment that
gives the Unborn Child standing as a "person". The life of the
Unborn Child will be permanently protected with the Unborn Child Amendment.
The Unborn Child must be identified
as a "Person" in the United States Constitution. The only way to permanently protect the
Unborn Child's life is to amend the United States Constitution through Article V
with a "Single Issue" Unborn Child Amendment Federal Convention. We must stop this unconscionable
annihilation of America's heritage.
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