Where is your proof that the writers of the constitution and authors of the 14th amendment did not consider a fetus human? I would like to see some sourced commentary on that. Because they sure as hell did not put it the constitution.isadore;431584 wrote:Throughout history the informed have realized that those of different races were as human as the rest of us. Historically, under both English common law and U.S. law, the fetus has not been recognized as a person. The writers of the Constitution and the authors of the 14th amendment did not consider the fetus human.
In the declaration of Independence our founders stated. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The founders recognized the right to life is inalienable because they do not come from humans, but the creator of life. Because humans can't create themselves, they can't justly deprive their fellow man of those rights. Government can't justly deny its people their inalienable rights. What just government should do is secure these inalienable rights endowed by the Creator, especially to the weakest among us.
James Wilson a signatory to both the Declaration of Independence and the US Constitution. I don't see him mentioning anything about a "fetus" not being human.
With consistency, beautiful and undeviating, human life, from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and, in some cases, from every degree of danger.
James Wilson, "Of the Natural Rights of Individuals" (1790-1792).
Wilson is referring to the limited medical knowledge of his time. It was assumed at the time that life could definitely be proven to exist with the quickening of the infant in his mother’s womb. You will see this term used in English common law. The term as used back then was the mother was "quick with child". It refers to the time in pregnancy when a women first feels the motion of the child in her womb. Though many argued conception as the beginning of life (as would I) English common law concurred that assuredly life had begun at this point.
William Blackstone (a well respected voice on English common law) in his commentary of the quickening gives his observation.
“Life is the immediate gift of God, a right inherent by nature in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother’s womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb… this, though not murder, was by the ancient law homicide or manslaughter. But at present it is not looked upon in quite so atrocious a light, though it remains a very heinous misdemeanor…"
William Blackstone, Commentaries on the Laws of England (1765-1769)
Henry Bracton. A renowned father of English common law. Likely who Blackstone was referring to as "ancient law".
If one strikes a pregnant woman or gives her poison in order to procure an abortion, if the foetus is already formed or quickened, especially if it is quickened, he commits homicide.
Henry Bracton, 2 On The Laws and Customs of England, 341 (S.E. Thorne trans., George E. Woodbine ed. 1968) (1250 A.D. or thereabouts)
Note that Blackstone shows the progression of common law from homicide to misdemeanor. He describes that misdemeanor as a very heinous crime. How can a misdemeanor be a very heinous crime? His commentary suggests he thought the present laws of his time had run afoul. He appears to be in agreement with the ancient law.
It is no surprise to me that one who can't back up his argument with facts resorts to baseless accusations. Where did I say women should not work outside the home? Where did I say their function is a baby incubator? I said no such thing and disagree with both.isadore;431584 wrote:A group known to be human but consistently denied rights in almost every society has been women. How dare they control their own bodies. How dare they leave the home and get jobs. Their function is to be baby incubator. To compare women to slave owners is both outlandish and chauvinistic. Through much of human history women have been held down, repressed by our culture, not given the opportunity to have anything resembling their full set of rights. The attitudes reflect in your statements. The most important step in women having rights is their control of their own body. Their right to control their bodes overrules that of anyone or anything else.
As for the state telling women how to control their own bodies it is quite common in law. A women can't sell her body for sexual services. A women can't inject certain drugs into her body that the state determines unlawful. The list can go on and on. It applies to both sexes. The state has many limits to what we can do with our own bodies.