Harvard Law Journal: Preborn Babies Have Constitutional Rights
? June 3, 2017 ? Editor ? 51
(Life News) The Fourteenth Amendment, which was adopted in 1868, declares 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.” A debate that has been raging in courtrooms for years is whether the “life” part includes unborn persons.
Harvard Law student Joshua Craddock did some constitutional soul searching to answer that question in a new report for the Harvard Law Journal, concluding that unborn babies do fall under the Fourteenth Amendment’s protections.
One might look to dictionaries of legal and common usage, the context of the English common law tradition, and cases that attempted to construe the meaning of the text in a manner consistent with original meaning. Using this methodology, it is reasonable to construe the Fourteenth Amendment to include prenatal life. The structure of the argument is simple: The Fourteenth Amendment’s use of the word “person” guarantees due process and equal protection to all members of the human species.
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http://www.libertyheadlines.com/harvard-law-journal-preborn-babies-constitutional-rights/