"Unborn babies are constitutional persons,” says the Harvard Journal of Law and Public Policy, the nation’s “leading forum for conservative and libertarian legal scholarship,” according to its website. The article concluded that the Fourteenth Amendment does in fact protect unborn children.
Looking at the meaning of the word "person", anti-abortion laws, and the drafters' statements at the time the Fourteenth Amendment was adopted, the author found that the Amendment includes the unborn. Therefore, the Amendment guarantees that government cannot "deprive any person (including the unborn) of life, liberty, or property, without due process of law" or equal protection of the laws.
This article challenges traditional thinking of both pro-abortion and pro-life sides of the debate by examining the historical context of the Fourteenth Amendment.
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“Unborn babies are constitutional persons,” the Harvard Journal of Law and Public Policy stated in a remarkable release last month.
The nation’s “leading forum for conservative and libertarian legal scholarship,” according to its website, said in its report that unborn children do in fact fall under the Fourteenth Amendment’s protections.
The Fourteenth Amendment, adopted in 1868, holds that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
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