Where is Scalia wrong on abortion?

Joseph Farah has an idea. The Preamble to the United States Constitution goes like this.

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Note that the blessings of liberty are secured for ourselves and our posterity. Who would our posterity be? The answer is our posterity is our children, both those who are and those who are yet to be.

Add the Fifth Amendment’s “nor be deprived of life, liberty, or property, without due process of law,” and the Fourteenth Amendment

“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.”

Together, Farah argues, these guarantee the child in the womb the right of due process against the deprivation of life. Add in the Sixth Amendment, which defines how due process works.

“Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

Scalia has not found the subject of abortion in the Constitution. Farah believes he has found it. Not being a lawyer myself, I’m not sure I can tell a sound legal argument from an unsound one.

Anybody else know if from the originalist position Scalia is wrong on this and Farah is right?

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3 responses to “Where is Scalia wrong on abortion?

  1. Do we really have a consitution anymore. That document has been made illegal and void. It would be wonderful if we can again, make the United States constitution legal.

  2. Pingback: Rosemary's Thoughts

  3. Ken, of course the Constitution still is active. The only thing that remains is to assert the Constitution at every opportunity.