Ah but in the USA the GOVERNMENT
by
degsme
07/10/2007, 2:51 PM #
Ah but in the US The Government is limited in its actions by The Constitution. And yes, my right to control my own body DOES include the right to refuse the use of my body even if that means the death of someone else.
- The government cannot compell a parent to donate lifesaving blood to their child
- The government cannot compell a parent to donate their kidney to save a child's life
So how can The Government compell a woman to risk her life and health Involuntarily to donate her reproductive organs and her blood and digestive system to save a fetus' life?
It has nothing to do with whether the fetus is or is not a "human being" (which it isn't legally at all). It is purely an issue of whether The Government can compell a woman to involutarily be in servitude to the fetus.
Your arguement about "forcing to get pregnant" alludes to the followon arguement that the woman gave up her right to choice when she acted in a manner that could get her pregnant. This has two problems
- it therefore allows any form of abortion as late in the term as desired, if the pregnancy is the result of rape or some other unchosen insemination
- it argues that Involuntary Servitude is allowed as a consequence of "strict liability".
Now we know #2 is false. Involuntary Servitude is never a legally permissible consequence. And before you argue that parents have legal obligations to born children - the legal fact is that these are VOLUNTARY obligations. Because at any time the parent can legally surrender the privileges and associated obligations of parenthood by giving the child up to be a ward of the state.
Ah but what about parent owning child support. Again, the parent can be found civilly liable for child support, but THE GOVERNMENT cannot force the parent to actually work to pay that child support against the parent's will. Again, Involuntary Servitude (Am13) precludes this.
So unless you can find an example where Involuntary Servitude is allowed in the USA other than for explictly Constitutionally directed reasons (Militia clause, Am12, or criminal due process), and unless you are going to make pregnancy a felony - The Government simply has no right to regulate a fecund woman's body.
Sure you could theoretically limit any abortion procedure that physically touches the fetus - assuming you can pass an amendment that makes the fetus a person - but that still allows the woman to act in any manner that does not directly cross the placental boundary. That includes taking medicines that terminate blood or nutrition flow to her side of the placenta.
Then once the fetus is a hunk of rotting flesh, any procedure is available to save the woman's life from peritonitis.
Mind you, that effectively means that any abortion procedure is legal since this draconinan a limit endangers the life of a born human being - the host woman.
Sorry, you don't have a Constitutional leg to stand on.