The Right to Life: The 'Something Back' of the U.S. Constitution
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.
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, ...
Rate This Article
Leave a Comment
More Politics & Policy News
- 'Journalism has been criminalized' Juan Williams declares
- Documents reveal US drone policy is scandalously indiscriminate
- Special Report from the Virginia Republican Nominating Convention: A Time To Choose - Life
- Lois Learner pleads the 5th. Was she the crook behind it or was she following orders from higher up?
- Sick of deception! Democrat threatens IRS with appointment of special prosecutor
- FOURTH OBAMA SCANDAL: Did HHS Secretary Kathleen Sebelius solicit funds for nonprofit group?
- Carney still insists nobody told Obama about IRS investigation
- State Department insider warns more whistle-blowers to come on Benghazi scandal
- Hillary better be prepared, House Oversight and Government Reform chairman Darrell Issa says
- Fr. Paul Schenck: Finding Living Faith on Catechetical Sunday
- The Movie Yellow: Incest as 'Normal' and Cassavates's Slides Into the World of Woes
- The Chicago School Teachers Strike Reveals the Need For School Choice
- The Sexual Barbarians and the Dissolution of Culture
- The Happy Priest Challenges Us to Ask: Who is Jesus to Me?
- Michael Coren on Canadian Public Schools: Teachers, leave those kids alone
- We Cannot Ignore Our Consciences: Cardinal Dolan On Religious Liberty
- In the Face of Danger, Successor of Peter Travels to Lebanon as a Messenger of Peace
- Reflections on the Dignity and Vocation of Women: Who or What?