In 1973, mass abortion became legal in the United States. This occurred when the U.S. Supreme Court issued their opinion in Roe v. Wade. However, most Americans are unaware that there has been a Federal Abortion Amendment on the books since 1868. According to the U.S. Supreme Court, a federal amendment to allow abortion on demand has existed since the days of the Civil War. It is doubtful that anyone knew it at the time, but when the American people ratified the Fourteenth Amendment they passed a Federal Abortion Amendment to the U.S. Constitution. According to the Supreme Court this is a true statement. The so called 'right to an abortion' is based on the Fourteenth Amendment which was ratified in 1868.
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THE LEGAL BASIS FOR ABORTION: THE FOURTEENTH AMENDMENT
In 1992, the U.S. Supreme Court stated the legal basis for abortion. According to the Supreme Court, the constitutional right to an abortion exists because of the Fourteenth Amendment. The Fourteenth Amendment has a Due Process Clause. The Due Process Clause in the Fourteenth Amendment is the current Federal Abortion Amendment according to the High Court. For the benefit of those who do not know what the current Federal Abortion Amendment says, please allow me to quote it for you. It says: " . . . nor shall any State deprive any person of life, liberty, or property, without due process of law." Admittedly, the word 'abortion' does not appear in the clause. Indeed, the word 'abortion' does not appear anywhere in the Constitution. But according to the Supreme Court the word 'abortion' is in the Due Process Clause. In their opinion, the right to an abortion is in the word "liberty" in the Due Process Clause. This is what Justice Sandra Day O'Connor said in 1992. Note 1. Thus, we could substitute the word 'abortion' for the word "liberty" if we wanted to. Therefore, the Fourteenth Amendment is in a sense the current Federal Abortion Amendment. The first time the Supreme Court said that there was a federal right to an abortion was in 1973. This is the year the Supreme Court decided the Roe v. Wade case. However, in Roe v. Wade, the Supreme Court did not clearly state what the legal basis for abortion was. This did not occur until 19 years later in 1992. It is likely that the Supreme Court based Roe v. Wade on the word "liberty" in the Due Process Clause but it is not clear.
more snippage
http://www.covenantnews.com/davidnew050209.htm We've been reading for months about the 'pugs wanting to overturn this amendment. Now I have an inkling as to why.
If this is precedent, why would Scalia say that women do not have access to the Constitution?
http://www.huffingtonpost.com/2011/01/03/scalia-women-discrimination-constitution_n_803813.html Just some musing while I read the internet tubes while the boss is away...
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