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Responsibility #19
(Written prior to July 1992)
To the People of the United States of America:
In Responsibility #18, we developed the premise that the Roe v. Wade decision was a result of framing an answer to the wrong question of whether there was a right to privacy for mothers to abort their developing offspring. The appropriate question should have been RIGHT TO LIFE.
In striving to present a rationale, to support the Court majority predilection to create yet another right to privacy, the selected opinion writer gave short shrift to RIGHT TO LIFE:
"We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer."
Having admitted, that expert witnesses in those disciplines most able to say when life begins were unable to do so, the Court exceeded its sphere of expertise and constitutional responsibility. The Court played GOD, and decided who shall live and who shall die, through an arbitrary trimester formula.
The Judiciary puts great store in "stare decisis" (let the decision stand), or the reluctance to violate precedent. Yet it declares the developing human being of being guilty (of not yet being human), until proven innocent. The accused has no one to read him or her their Miranda rights, no right to an attorney, no right to a trial with or without a jury, no exemption from cruel and unusual punishment, no possibility of a stay of execution, no tenure on death row while the law is reviewed, no hope that new evidence might be found to relieve them of their capital sentence.
In its decision to overturn the State law, the Court majority berated the State of Texas: "In view of all this [the majority opinion], we do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman." The anti-thesis to this is: We the People do not agree that, by creating and LEGISLATING its own theory of life, the Supreme Court may override the RIGHT TO LIFE of unborn children.
When pondering the travesty of Roe v. Wade, one is reminded of the wisdom of King Solomon, when he was faced with the case of two women both claiming to be the mother of the one child. The King said "Divide [with a sword] the living child in two, and give half to the one, and half to the other. But the woman whose child was alive, said .... I beseech thee .... give her the child alive, and do not kill it." Having discovered where justice lay in the case, King Solomon gave the living child to the true mother. "And all Israel .... [saw] that the wisdom of God was in him to do judgment." [see Old Testament 3 Kings chapter 3 verses 16 through 28] Oh, if only the wisdom of God had been with our 1972-3 Court (or with any one of our subsequent Courts, that could have put aside the Roe v. Wade judicial mistake)! Had the Solomon case been heard by the 1972-3 Court, each woman would have received half a dead child.
Before and since Roe v. Wade, no experience or analysis has shown any validity for any of the following in determining when a human being exists: formation, quickening, end of first trimester, viability, live birth. Indeed, when we extrapolate our advancements in human health and procreation, it is not out of reason to speculate that someday our doctors and scientists may achieve the power, to replace the womb by an environment that allows human development from conception to live birth.
Few, if any, of us will accept the notion that mankind is merely a superior animal. Believers know that we are made by "natures God" in some indefinable image of God, that sets us off from and above the animal kingdom. The very best brain surgeon cannot tell us that the essence of humankind is in the brain. No cardiologist will claim this honor for the heart. Noone can point to any other organ or body matter that distinguishes man.
No thalidomide baby of the 1960s was any less human in or out of the womb. No disabled war veteran who gave limb or organ, but not life, to his country has in any way compromised his humanity.
In the history of this world, God has created only three persons without the copulative act of man and woman. Though doctors have found that they can intervene through medicine, and even surgically while the baby is still in the womb, after the male seed and the woman's egg come together, only the environment maintained by the mother for the developing child is determinant of its progress toward live birth. There is therefore only one event in each and every pregnancy, where a second party plays a part in producing a child; i.e., conception. Since God works through man and woman, the only logical conclusion is that He endows the developing human being with a soul at that time.
In cities throughout our nation, We the People call upon our police and our firemen daily, to place their lives on the line, to save even one life. Our servicemen, even in peacetime, place their lives in jeopardy day by day, while honing their talents to combat threats to the lives of even a few of our citizens. As stated previously, over 4400 babies are being disposed of each day through unnatural abortion, due to the judicial mistake of Roe v. Wade. It is time today, for the Justices of the Supreme Court to put their robes on the line for the noblest of the objectives of our Declaration of Independence, the preservation of LIFE. Without LIFE, there is no Liberty, there is no Pursuit of Happiness.
We the People call upon the Court TODAY, to declare "Get thee behind me" stare decisis and certiorari! Sit in closed conference TODAY. Ask each Justice in turn whether he or she can state within a shadow of a doubt when life begins. Having heard each assertion and testimony (if any), your jury of nine Justices can come to no conclusion but the killing must stop TODAY!
Your action will not be just an overturning, or setting aside, of Roe v. Wade. It will be an absolution of the Court from the consequences of abortion. It will place the responsibility where it should lie, with We the People. If We the People choose to go to Hell, we do not need leaders who would accelerate our passage, nor cause our trek to be in mass.
By taking action TODAY, you not only save large numbers of lives, you fulfill your role as the last bastion of justice. It is just that our (candidate and elected) Presidents and members of Congress, after 1992, no longer hide behind the robes of the Court, in order to gain and maintain their coalitions. We the People can require our (actual and aspiring) leaders, and the Democratic and Republican parties, to declare outright when life begins. The Supreme Court will have regained its stature. It will have respected its limits within the checks and balances.
Publius IV
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