US 14th Amendment Establishes Negative Liberty of Individuals to Acquire Abortion

Monk-Eye

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Feb 3, 2018
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" US 14th Amendment Establishes Negative Liberty of Individuals to Acquire Abortion "

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To " settled law " and " precedence " groups , whether Roe v Wade is regarded as either is irrelevant from a fact that the decision is a logical deduction directly from the us 14th amendment . At its inception , a state is concerned with citizens ; and , by the us 14th amendment , to become a citizen one must be born and , likewise , for equal protection one must be born .

The premise for equal protection, as being based upon a requirement of birth, was clearly understood and forwarded within the opinion of Blackmun, Roe V. Wade, in the statement, "Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth."

Monk-Eye;2044125 said:
"Constitutional Review Of Abortion"

At the inception of the constitution, when natural freedoms are exchanged for wrights of citizenship, the citizen is the sole, primary, principle and exclusive recipient of protections as constructed through the legalism of its doctrine.

The 14th amendment directly implies that a citizen receives wrights at birth; thus, the point of inception whereby the state concerns itself with an obligation to reprise a violation to a wright to life begins for a citizen at birth.

According to the 14th amendment, the extension of equal protection to any other being, whether it be described as a person, a non-citizen, or otherwise, cannot have any greater rights than that of a citizen.

Since a citizen must be born to receive protected wrights, any other being must also be born to receive protected wrights, else that other would be receiving greater wrights than those received by that of a citizen.

The premise for equal protection, as being based upon a requirement of birth, was clearly understood and forwarded within the opinion of Blackmun, Roe V. Wade, in the statement, "Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth."

Ultimately, through judicial activism, Roe V Wade modified the meaning of birth from parturition to viability, which was estimated to begin at the end of the second trimester.

Viability is consistent on a time line with the onset of foetal pain as evidenced from the JAMA, which concludes a necessary presence for thalamocortical radiations.

Pain implies the onset of sentience, and sentience is a prerequisite for sapience, as a minimum prerequisite for conscientious objection by a foetus, which is a philosophical birth, whereby a foetus may initially qualify as a legal victim that may be represented by legal proxy.

Otherwise, by constitution and philosophical reason, prior to birth, the foetus is the private property of the mother, by intrinsic possession, for which privacy protections of the constitution apply.

Unborn foetal protection laws must be consistent with the constitution, and any law must define violations and penalties as consequences to actions against the mother, which may include elevated penalties for special circumstances.
 
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It would be an expectation from tax payers that senate confirmation of a nominated supreme court justice should challenge any candidate for a constitutional address of the majority opinion statement from Blackmun, Roe V. Wade, "Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth." .


* Addendum To Relate Negative Liberty With Individualism *

The terms reviewed at A Treatise of Legal Philosophy on Adequate Political Science Terms for Civics Pedagogy establish a basic vocabulary for political science .
 
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Interesting. In the actual opinion RvW, the Court rejects the concept that the right to exist as a citizen begins at birth. RvW places it at "viability."

There goes your whole argument.

Sorry.
 
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Interesting. In the actual opinion RvW, the Court rejects the concept that the right to exist as a citizen begins at birth. RvW places it at "viability."
There goes your whole argument.
Sorry.
The whole argument presented here is very consistent in theme and constitutionality and it is easy to explain that roe v wade is consistently based upon a prerequisite of birth for citizenship that limits state interests .

The reasoning of blackmun is that after an onset of viability , when a physical capacity for birth exists , parturition ( live birth ) becomes a relative standard , such that conceptually a state interest may begin , while a state does not have an interest prior .

Thus , according to roe v wade , a state may proscribe abortion in the third trimester , and it did not stipulate that proscription of abortion in the third trimester be issued as a federal statute .

Roe v. Wade, 410 U.S. 113 (1973)
 

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