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MinneapolisMatt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 12:52 AM
Original message
Would banning abortion...
...make the death penalty unconstitutional? I mean, if they make a constitutional amendment banning abortion, doesn't that kind of make the death penalty invalid as well? You know, the whole "protecting life" thing?

I know nothing about constitutional law, so I apologize in advance if this is really a dumb question and if the issues are so completely unrelated legally, as in criminal -vs- constitutional. I know it's complex, and I'm not trying to flame-bait here. Lately, I've been thinking a lot about the ramifications a constitutional ban on abortion could create (other than the obvious), and was wondering if this could be a by-product of it.

Thanks,

Matt
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 12:54 AM
Response to Original message
1. They would argue the criminals broke the law and should be punished...
and say the unborn are innocent and all that which is why abortion should be banned.

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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:28 AM
Response to Reply #1
8. That's what they do
I say how can you be pro-life and turn around and be for the death penalty? It doesn't make any sense to me. :eyes: And of course they'll just come back and say they're criminals and deserve it. :eyes: Oh of course.
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:31 AM
Response to Reply #8
11. Yep, it drives me batshit crazy...
And even reminding them of the ten commandments and what Jesus said about being without sin, forgiveness and hypocrisy doesn't sway them in the least. They cherry pick the bible like no other. :eyes:
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Fescue4u Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 12:56 AM
Response to Original message
2. maybe, depends on how its written
If they wrote such an amendment broadly worded sure, it would

However if they defined the amendment narrowly, then it wouldnt.

Until such an amendment is proposed, its just speculation.
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baron j Donating Member (434 posts) Send PM | Profile | Ignore Wed Oct-19-05 01:04 AM
Response to Original message
3. Probably not, because--as we all know--the repubs are the masters of
Edited on Wed Oct-19-05 01:06 AM by baron j
hypocrisy.

And, they scoff at the U.S. Constitution. Cruel and unusual, anyone?
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mestup Donating Member (756 posts) Send PM | Profile | Ignore Wed Oct-19-05 01:15 AM
Response to Original message
4. Interesting question. I don't know squat about Constitutional law,
but I do know fundamentalists would narrow the scope to the life of the unborn only. In their minds, the fetus is "innocent" because it hasn't had a chance yet to decide right from wrong. However, give the fetus 18 yrs and if it chooses "wrong" - they'd happily execute it.
Go figure.
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lapfog_1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:24 AM
Response to Original message
5. No, but if the "pre-born" committed a crime
and was tried as an adult (we are more than halfway there now), THEN
the abortion / death penalty debate would cause the pro death / anti-choice heads to explode.
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MinneapolisMatt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:25 AM
Response to Original message
6. Thanks for the replies everybody.
I appreciate it!

Matt :)
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baby_bear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:27 AM
Response to Original message
7. Overturning Roe v Wade would not outlaw abortion
Edited on Wed Oct-19-05 01:28 AM by baby_bear
It would return it to the states to decide individually. That would include banning of any and all restrictions to make it difficult to obtain an abortion, especially for young and poor women. If the right to privacy is overturned (it is an interpretion, not something literally provided in the constitution), then even contraceptive rights could revert to the states.

The prevailing theory is that Roe v Wade is not likely to be overturned soon, because it is a useful tool to unite the far-right-wing fundies. But, they will continue to chip away at protections that affect the poor and rural area women.

b_b
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Der Blaue Engel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:28 AM
Response to Original message
9. Roe v Wade is predicated on the right to privacy
Thus it can only be struck down by determining that a woman's right to privacy is trumped by the right to life of the unborn.

The death penalty doesn't fall under the right to privacy, so it wouldn't be affected.

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0rganism Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:29 AM
Response to Original message
10. Nope
For one thing, the ban on abortion will most likely come through a SCOTUS reversal, rather than an ammendment. Reversing Roe v. Wade will ostensibly return the particulars of abortion to the states, with respect to interfering in women's decisions about pregnancies. No ramifications for death penalty cases, unfortunately.
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DanCa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-19-05 01:42 AM
Response to Original message
12. It all rolls into one ugly can of worms
For example why do you think they tried to link breast cancer to abortion so that they anti choice people can get free publicity and that is why pro life month and breast cancer awareness month is the same time of year.
Thats why am against ID design being taught in public school. It's the "religious" equivalent to reganomics being taught in economics classes. So the far right will have a trojan horse conversion class for decades to come if there sucessful. Intelligent Design is church politic "prolife politics mind you" mixed in with what used to be sunday school teaching. I really hate these people they can have the building but they wont have my faith.
And if any one wants to start picketing and protesting the right wing fundies let me know. I am geared up for a fight but I can't do it alone. It's sink or swim time and we can't swim individually.
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