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Posted: 10/6/2005 5:36:45 AM EDT
I was in discussion with someone concerning, of all things, abortion. He brought up the 14th Amendment, Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state 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.

The part that he was pointing out was

nor shall any state 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."

In this case, the passage refers to "person" as opposed to "citizen", which was defined in the beginning of section one. My question is what is the definition of "person" as applied to this amendment in the Constitution? Is there any case law concerning this? I personally do not know that answer other than to say a person is someone who is already conceived by whatever method - natural or medical (as in c-section) although this does not mean that a baby in the womb is not a living breathing being. What say ye?


Link Posted: 10/6/2005 5:46:24 AM EDT

Originally Posted By ASNixon:
In this case, the passage refers to "person" as opposed to "citizen", which was defined in the beginning of section one. My question is what is the definition of "person" as applied to this amendment in the Constitution? Is there any case law concerning this? I personally do not know that answer other than to say a person is someone who is already conceived by whatever method - natural or medical (as in c-section) although this does not mean that a baby in the womb is not a living breathing being. What say ye?



This is THE point of the abortion debate, on whether or not a fetus is a person. The courts are mixed on this. In some states, you can be charged with double murder for killing a pregnant woman. This is sort of strange, since the same woman wouldn't be charged with murder for aborting her own child.
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