Skip to content
Catholic Online Logo

By Andrew M. Greenwell, Esq.

10/14/2012 (2 years ago)

Catholic Online (www.catholic.org)

Roe v. Wade is directly inimical to the Declaration of Independence's right to life.

The right to life is in our Constitution.  There is no right to an abortion in our Constitution.  Look at our Constitution, look at every jot and tittle of it, look even at its penumbras and emanations of it, and you will not find a right to an abortion. 

Highlights

By Andrew M. Greenwell, Esq.

Catholic Online (www.catholic.org)

10/14/2012 (2 years ago)

Published in Politics & Policy

Keywords: life, constitution, abortion, Lincoln


CORPUS CHRISTI, TX (Catholic Online) - The right to life is in our Constitution.  There is no right to an abortion in our Constitution.  Look at our Constitution, look at every jot and tittle of it, look even at its penumbras and emanations of it, and you will not find a right to an abortion. 

Nowhere.

But, you might object, the majority of the justices on the United States Supreme Court say it's there.  But, you are probably thinking to yourself, Roe v. Wade says it's there.  But, you might also note, the Supreme Court reaffirmed its commitment to Roe v. Wade in 1992, in Planned Parenthood v. Casey.

All those things may be true, but I say nevertheless: the right to life is in our Constitution. There is no right to an abortion in our Constitution.

Roe v. Wade and its progeny are built upon a dishonest jurisprudence, one not based upon the Constitutional text in any honest way.

It is Roe v. Wade that is unconstitutional because it has no real basis in the Constitution.

Now, I am a lawyer.  I have sworn without any mental reservation to uphold the Constitution of the United States.  And the Constitution which I swore to uphold does not recognize Roe v. Wade.

Let me explain why with a personal story.

In my third year of law school, I had to apply with the Texas Board of Law Examiners for a law license.  In the form that I was required to fill out there was a section that asked whether I supported, without any mental reservation, the Constitution of the United States.
 
I wrote down yes, but I added "insofar as the law of God allows."  My concern was that I was not about to support Roe v. Wade (and also Griswold v. Connecticut, but that's a different issue) because the Constitution of the United States does not contain the right to abortion.  I was not about to swear that I supported the notion that our Constitution contains a right to abortion.

The Board of Law Examiners was not particularly pleased at my answer, and it summoned me to Austin to determine whether I was "morally fit" to practice law since I would only swear to uphold the Constitution "insofar as the law of God" allows.

That's something, isn't it?  To be considered possibly "morally unfit" because you believe that our Nation, and the Constitution which frames it, is "under God."

Nevertheless, I went before that Committee to defend myself.  And I explained that I did not think that the Constitution contained a right to abortion, and that I could not swear to uphold the Constitution if that Constitution contained a right to abortion.

And you know what? 

The Committee decided after all that I was morally fit to practice law, that I did not have to swear that the Constitution contains within it a right to abortion, so the Constitution that I swore to uphold, and I still swear to uphold, does not contain a right to abortion.

But really, what happened to me before that Committee of the Board of Law Examiners is a symbol of what has happened to our Constitution and our Nation.

When your loyalty is questioned because you are pro-life, when your loyalty to the Constitution is questioned because you believe that our laws--including our Constitution--must be understood as being "under God," something of great significance has happened.

What is it that has happened?

The best way to understand this issue is to borrow an image from Abraham Lincoln.  It is found in a famous "Fragment" of his writings.

During the civil war, Abraham Lincoln was reflecting upon Proverbs 25:11. Proverbs 25:11 reads:  "A word fitly spoken is like apples of gold in a setting [or frame] of silver."

Reflecting on this proverb, Lincoln wrote that there is "something back" of the Constitution and our Nation.  There is something more, something that supports the Constitution.

This "something back" of the Constitution is what gave spirit to, which informed the ordered liberty behind the Constitution. 

That "something back" of the Constitution, and not necessarily the Constitution itself, is what contributed to our "great prosperity."

This "something back" of the Constitution and our Nation is something living, as it can be found "entwining itself more closely about the human heart" of Americans.

This "something back" is the "philosophical cause" of our Constitution and our Nation.

For Lincoln, that "something back" of the Constitution was expressed in the Declaration of Independence. 

The Declaration of Independence, one should never forget, declares that we are all created equal. 

It declares that we are "endowed by [our] Creator with inherent and inalienable rights."

It declares that "among these" rights is, not the right to abortion, but rather the right to "Life"

It declares that governments are "instituted among men," not to secure the right to an abortion, but rather "to secure" the right to "Life."

It declares most fundamentally that we are subject to, and in fact derive the very basis of our government from, "the laws of nature and of nature's God."

For Lincoln, the Declaration of Independence contained within it the "something back" of our Constitution.  It was the "word, 'fitly spoken,' which has proved an "apple of gold" to us." 

The Constitution and the Union are a "picture of silver, subsequently framed around" the "apple of gold" of the Declaration.

"The picture was made, not to conceal, or destroy the apple; but to adorn, and preserve it.  The picture was made for the apple--not the apple for the picture," said Lincoln.

What this means is that the Constitution is made, not to conceal or destroy the right to Life, but to adorn and preserve it.

That "something back" of the Constitution is a "culture of life," a culture of life that leads to a culture of liberty, that leads to a culture for the pursuit of happiness.

And that's why Roe v. Wade is a lie and is not part of our Constitution because it conceals and destroys the right to life, it does not adorn and preserve the right to life.  It blurs and breaks the "golden apple."

Roe v. Wade is directly inimical to the Declaration of Independence's right to life. 

I am unapologetic about it:  It is simply un-American, unpatriotic to allow the slaughter under color of right of 1.5 million of the weakest Americans annually, and what is more, to call it part of our Constitution.

It's un-American, frankly it's downright criminal and immoral, to take what used to be felony crimes--mala in se--and make them Constitutional rights.

It is a political blasphemy.

What it does is to take the frame of silver and make it into a frame of pewter.

What it does is take the apple of gold and replace with pyrite, with fool's gold.

Roe v. Wade is directly set against the "something back" of the Constitution. 

Now Lincoln gave us, that is all Americans who want to be true to their founding traditions, our marching orders:  "So let us act," Lincoln said, "that neither picture or apple, shall ever be blurred, or broken."

Let us then act, so that neither the Constitution nor our Declaration be blurred or broken. 

Let us act so that the right to life in our Constitution and in our Declaration is not blurred or broken, but is extended to all including those Americans who are most defenseless and most disenfranchised, those Americans who happen to be in the womb of their mothers.

Let us act to recapture the Constitution so that it is a frame of silver.

Let us act to recapture a political philosophy and a jurisprudence based upon the apple of gold.
That gold standard is a political philosophy based upon the natural law, the law of "Nature and Nature's God,"

Let us act to recapture this "something back" of our Constitution.

Liberal law professors and liberal justices have stolen both the silver frame and apple of gold from us.

Every one of our founding fathers was steeped in the "something back" of the Constitution, the natural law. 

Every one of our founding fathers that was a lawyer had read Blackstone's Commentaries on the laws, who said: "Good and wise men, in all ages . . . have supposed, that the deity . . . has constituted an eternal and immutable law, which is, indispensably, obligatory upon all mankind, prior to any human institution whatever."

"This is what is called the law of nature, which, being coeval with mankind, and dictated by God himself, is, of course superior in obligation to any other.  It is binding over all the globe, in all countries at all times.  No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately or immediately, from this original."

This is the apple of gold.

Every one of our founding fathers was familiar with books about the natural law: books by Hooker, Grotius, Hutcheson, Pufendorf, Burlamaqui, Vattel. The fact that most of us, even lawyers, don't even know who Hooker, Grotius, Hutcheson, Pufendorf, Burlmaqui, and Vattel are shows how our law schools have failed us.

How can we understand the "something back" of the Constitution when we don't know the minds of our fathers?

Instead we read the liberal political philosophy of John Rawls or Richard Rorty in our law schools, a political philosophy where there is no such things as the "something back" of the Constitution.

Now, to teach our children, ourselves, and our judges about this "something back" of our Constitution is probably something beyond the political process.  It is the work of inculturation, perhaps even evangelization, but not politics.

But what's not beyond the political process is to fix the frame, to make sure that it is not of pewter, but that it is once again of silver.

And the way to do that is to put in Supreme Court justices who are "strict constructionists," or "textualists," or "originalists."  Men like Justice Scalia.  Men like Justice Thomas.

For strict constructionists, textualists, or originalists, the Constitutional analysis regarding the right to abortion is easy.  As Justice Antonin Scalia put it: the decision regarding abortion is, from the perspective of the U.S. Constitution, is "absolutely easy," a "no brainer."

Why is it a "no brainer"?

Why because of the first thing I said: the right to life is in our Constitution.  There is no right to an abortion in our Constitution. 

(This is an adaptation of a speech given at the American Freedom Rally in Corpus Christi, Texas.)

-----

Andrew M. Greenwell is an attorney licensed to practice law in Texas, practicing in Corpus Christi, Texas.  He is married with three children.  He maintains a blog entirely devoted to the natural law called Lex Christianorum.  You can contact Andrew at agreenwell@harris-greenwell.com.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for February 2015
General Intention:
That prisoners, especially the young, may be able to rebuild lives of dignity.
Missionary Intention: That married people who are separated may find welcome and support in the Christian community.



Comments


More Politics & Policy

Abercrombie & Fitch's 'looks policy' under fire for stark employee discrimination of Muslim girl Watch

Image of

By Abigail James (NEWS CONSORTIUM)

Abercrombie & Fitch faces yet another lawsuit for potential discrimination. The hip clothing store has previously been under fire for lack of racial diversity in both employment and advertisement and for limited sizing choices. LOS ANGELES, CA (Catholic Online) - ... continue reading


SHOCKING REPORT: Social Security card in hand, illegal immigrants can claim back tax benefits Watch

Image of Lawmakers have expressed distress that amnestied illegal immigrants could be potentially rewarded for illegal work.

By Catholic Online (NEWS CONSORTIUM)

Workers living and employed here illegally appear to be on a fast track to join the American dream. According to a Congressional Research Service, or CRS, memo, those illegal immigrants able to obtain Social Security Numbers and work permits due to President ... continue reading


NOT SO FAST! Net neutrality to get onceover before approval Watch

Image of Democrat Mignon Clyburn on the Federal Communications Commission wants to narrow the scope of new net neutrality rules set for a vote later this week.

By Catholic Online (NEWS CONSORTIUM)

The hotly debated "Net Neutrality" - which will determine how the 21st Century's preferred mode of communication and information - is not a sure thing, just yet. Democrat Mignon Clyburn on the Federal Communications Commission wants to narrow the scope of new ... continue reading


Democrats can dish it out - but are now shying away from Obamacare penalties Watch

Image of As those taxpayers discover the penalty they owe, they will already be racking up a new, higher penalty for 2015.

By Catholic Online (NEWS CONSORTIUM)

It looks like Democrats can dish it out, but can't take it. One of the stipulations of health care reform, or "Obamacare" was those who chose not to enroll had to pay a penalty come tax time. Now, as millions begin to file their taxes, Democrats are having ... continue reading


Human Tide: Texas' porous border allows thousands to flood in from Mexico Watch

Image of Speaking out on CBS's

By Catholic Online (NEWS CONSORTIUM)

Porous borders - one where demarcations are hazy and ill-defined, allowing people to cross over into another country without proper accounting, was one of the reasons for the Ebola crisis in East Africa. There exists a similar situation between the United ... continue reading


'Terror threat' from American right-wing extremists discussed at summit Watch

Image of The mastermind behind the Alfred P. Murrah building bombing attack, Timothy James

By Catholic Online (NEWS CONSORTIUM)

Domestic terrorism in the United States has long been an ongoing concern. The White House held a "Countering Violent Extremism" summit last week to talk about "extremist ideologies that radicalize." The summit did not address radical Islam in particular, but ... continue reading


Is Obama corrupt? Contracts for amnesty being pushed at 'full-throttle pace' by Department of Homeland Security Watch

Image of The population of potential requesters for the president's deferred action will be

By Catholic Online (NEWS CONSORTIUM)

Despite a federal court's decision to halt President Obama's amnesty order, the White House continues to award multi-million-dollar contracts to firms to process millions of illegal immigrants. LOS ANGELES, CA (Catholic Online) - The population of potential ... continue reading


Blackwell and Morrison: Obama's ISIS Policy - Above US Only Sky Watch

Image of With the murders this week of twenty-one Coptic Christians on the beach in Libya, the world has seen an example of the cruelty and barbarism. The Obama administration regularly denies it has anything to do with Islam.

By Ken Blackwell and Bob Morrison

With the murders this week of twenty-one Coptic Christians on the beach in Libya, the world has seen an example of the cruelty and barbarism. The Obama administration regularly denies it has anything to do with Islam. Islam must change. The world cannot survive ... continue reading


Ron Paul issues dire warning: Secession is happening Watch

Image of

By Abigail James (NEWS CONSORTIUM)

The time is here, the United States' may soon be no more. According to former Republican presidential candidate and congressman, Ron Paul, the states will stop listening to federal laws. LOS ANGELES, CA (Catholic Online) - "I would like to start off by talking about ... continue reading


Coptic Chrsitians and the White House Watch

Image of Coptic Christians belong to a Catholic rite, in communion with Rome.

By Sr. Joan L. Roccasalvo, C.S.J. (CNA)

Pope Francis has called them martyrs, the twenty-one Coptic Christians executed in Libya.  "Jesus, help me," were the last words of one of the Egyptian migrant workers, all of whom were trying to eke out a living for their families. This mass butchery was carried ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Ezekiel 18:21-28
21 'If the wicked, however, renounces all the sins he ... Read More

Psalm, Psalms 130:1-2, 3-4, 5-6, 7-8
1 [Song of Ascents] From the depths I call to you, ... Read More

Gospel, Matthew 5:20-26
20 'For I tell you, if your uprightness does not ... Read More

Saint of the Day

Saint of the Day for February 27th, 2015 Image

St. Leander of Seville
February 27: St. Leander of Seville, Bishop (Feast - February 27th) Leander ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter