Difference between revisions of "Reversing Landmark Abomination Cases"
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(→Statement of Facts #10 of 12: “Exceptions” do NOT Mitigate or Undermine Personhood Assertions) |
(→Statement of Facts #10 of 12: Tyranny over any class of humans by any other is prohibited by the Constitution, and by the Declaration, which gives the purpose of the Constitution and rests its own authority on the revelation of God1 in the Bible) |
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<span style="color:grey"><small>''Try to imagine how a judge, reviewing a prolife law with these Findings of Facts, would be able to dodge this evidence - in fact, see if you can find ANYONE who can ''refute'' these facts - as opposed to not ''caring'' about facts - that is, not caring about reality:''</small></span> | <span style="color:grey"><small>''Try to imagine how a judge, reviewing a prolife law with these Findings of Facts, would be able to dodge this evidence - in fact, see if you can find ANYONE who can ''refute'' these facts - as opposed to not ''caring'' about facts - that is, not caring about reality:''</small></span> | ||
− | + | ==Statement of Fact #1 of 12: Court-recognized, court-tested Finders of Facts unanimously establish that unborn babies are fully human, which makes killing them legally recognizable as murder, which the 14th Amendment doesn’t let ''any'' state legalize== | |
− | + | No fact can be more legally established than the fact that “life begins” at fertilization, being the consensus of every American legal authority who has taken a position, in every category of court-recognized finders of facts: juries,2 thousands of expert witnesses who were not contested,3 38 state legislatures,4 individual judges,5 and Congress.6 | |
− | + | If the unanimous – uncontested – finding of every court-recognized fact-finder is not enough ‘establishment’ for the court to know a fact, it is impossible for any judge to know anything. | |
No legal authority has ruled that any unborn baby of a human is not in fact a human person, or that “life begins” any later than fertilization.7 | No legal authority has ruled that any unborn baby of a human is not in fact a human person, or that “life begins” any later than fertilization.7 | ||
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Footnotes: see [[Statement 1 + Footnotes]] | Footnotes: see [[Statement 1 + Footnotes]] | ||
+ | |||
---- | ---- | ||
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] “Fact finders” agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | ---- | ||
+ | |||
+ | ===Bible Nugget=== | ||
+ | |||
<span style="color:#0f0">Matthew 16:24 If any man will come after me, let him deny himself, and take up his cross, and follow me. 25 For whosoever will save his life shall lose it: and whosoever will lose his life for my sake shall find it. 26 For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul? | <span style="color:#0f0">Matthew 16:24 If any man will come after me, let him deny himself, and take up his cross, and follow me. 25 For whosoever will save his life shall lose it: and whosoever will lose his life for my sake shall find it. 26 For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul? | ||
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I’ll “lose” false life, and find Life True. | I’ll “lose” false life, and find Life True. | ||
− | + | ==Statement of Facts #2 of 12: Courts Accept the Fact-Finding Authority of Legislatures, Juries, Experts for the same good reasons their findings persuade the public.== | |
SCOTUS must accept legislative findings of facts that are not obviously irrational. “..the existence of facts supporting the legislative judgment is to be presumed...not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests upon some rational basis within the knowledge and experience of the legislators....” U.S. v. Carolene Products, 304 U.S. 144, 152 (1938).1 | SCOTUS must accept legislative findings of facts that are not obviously irrational. “..the existence of facts supporting the legislative judgment is to be presumed...not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests upon some rational basis within the knowledge and experience of the legislators....” U.S. v. Carolene Products, 304 U.S. 144, 152 (1938).1 | ||
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'''Expert Witnesses''' are the best experts money can buy, and they are scrutinized by the other side’s experts.5 | '''Expert Witnesses''' are the best experts money can buy, and they are scrutinized by the other side’s experts.5 | ||
− | + | For all its faults, American court recognition of Fact Finders is among the world’s top methods of establishing reality that is available to humans, earning respect in the Court of Public Opinion along with their authority in courts of law.6 | |
Footnotes: see [[Statement 2 + Footnotes]] | Footnotes: see [[Statement 2 + Footnotes]] | ||
---- | ---- | ||
+ | ---- | ||
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | ---- | ||
+ | |||
+ | ===Bible Nugget=== | ||
+ | |||
<span style="color:#0f0">Mark 8:38 '''Whosoever therefore shall be ashamed of me and of my words in this adulterous and sinful generation; of him also shall the Son of man be ashamed''', when he cometh in the glory of his Father with the holy angels. | <span style="color:#0f0">Mark 8:38 '''Whosoever therefore shall be ashamed of me and of my words in this adulterous and sinful generation; of him also shall the Son of man be ashamed''', when he cometh in the glory of his Father with the holy angels. | ||
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It isn’t just saving baby bodies where we self censor. Adult souls are lost. We hold back sharing what we know about God. Snap out of it. </span> | It isn’t just saving baby bodies where we self censor. Adult souls are lost. We hold back sharing what we know about God. Snap out of it. </span> | ||
− | + | ==Statement of Facts #3 of 12: The FACT that Babies are Fully Human was never denied or ruled irrelevant by SCOTUS== | |
− | |||
− | |||
From Roe (1973) through Dobbs (2022), SCOTUS evaded that core issue.1 | From Roe (1973) through Dobbs (2022), SCOTUS evaded that core issue.1 | ||
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“[Prolifers] argue that the fetus is a ‘person’ within the language and meaning of the Fourteenth Amendment....If this suggestion of personhood is established, the [abortionist’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment [thus outlawing abortion in EVERY state]. The [abortionist’s lawyer] conceded as much....”4 | “[Prolifers] argue that the fetus is a ‘person’ within the language and meaning of the Fourteenth Amendment....If this suggestion of personhood is established, the [abortionist’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment [thus outlawing abortion in EVERY state]. The [abortionist’s lawyer] conceded as much....”4 | ||
− | Dobbs explicitly left this statement of the obvious untouched, saying “our decision is not based on any view about when a State should regard pre-natal life as having rights or legally cognizable interests....”5 Dobbs did not say babies aren’t people. Dobbs did not say voters should still decide whether babies can be murdered in the face of proof that babies are in fact people.6 Dobbs left in place Roe’s observation that “establishment” of this fact, independently of any law, ruling, or future constitutional amendment,7 dictates whether abortion is legally recognizable as a right or as a crime.8 | + | Dobbs explicitly left this statement of the obvious untouched, saying “our decision is not based on any view about when a State should regard pre-natal life as having rights or legally cognizable interests....”5 Dobbs did not say babies aren’t people. Dobbs did not say voters should still decide whether babies can be murdered in the face of proof that babies are ''in fact'' people.6 Dobbs left in place Roe’s observation that “establishment” of this fact, independently of any law, ruling, or future constitutional amendment,7 dictates whether abortion is legally recognizable as a right or as a crime.8 |
− | This established fact is as relevant today as when Roe said “of course” it is. | + | This established '''fact''' is as relevant today as when Roe said “of course” it is. |
− | This established fact is not disestablished by any judge’s alleged inability to understand it.9 | + | This established '''fact''' is not disestablished by any judge’s alleged inability to understand it.9 |
− | This established FACT is not made irrelevant by any judge’s theory that the legal right of little humans to live is “impossible” to determine so it should be decided by their value to big humans.10 | + | This established '''FACT''' is not made irrelevant by any judge’s theory that the legal right of little humans to live is “impossible” to determine so it should be decided by their value to big humans.10 |
− | If only those legally recognized as “persons” were people, slavery could still be legal and the 14th Amendment would mean nothing. Slavery states would merely need to classify their victims as only 3/5 human.11 The Amendment protects those who are IN FACT people – what is irrelevant is whether babies are people “as a matter of law”.12 | + | If only those ''legally recognized'' as “persons” were people, slavery could still be legal and the 14th Amendment would mean nothing. Slavery states would merely need to classify their victims as only 3/5 human.11 The Amendment protects those who are '''IN FACT''' people – what is irrelevant is whether babies are people “as a matter of law”.12 |
Footnotes: see [[Statement 3 + Footnotes]] | Footnotes: see [[Statement 3 + Footnotes]] | ||
− | ====Statement of Facts #4 of 12: Heartbeats & Brain Waves are Legally Recognized Evidence of Life | + | ---- |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | |||
+ | =Part 2: The Power of Personhood= | ||
+ | |||
+ | ==Statement of Facts #4 of 12: Heartbeats & Brain Waves are Legally Recognized Evidence of Life== | ||
Detectable heartbeats and brain waves are evidence that a person has not yet died, throughout state and federal law.1 Reason demands they be accepted as evidence that a person has begun to live.2 | Detectable heartbeats and brain waves are evidence that a person has not yet died, throughout state and federal law.1 Reason demands they be accepted as evidence that a person has begun to live.2 | ||
+ | |||
+ | <small>The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: American College of Pediatricians <> Heartbeat International <> World Faith Foundation and Institute for Faith and Family <> National Catholic Bioethics Center, et al <> Center for Medical Progress and David Daleide <> Jewish Prolife Foundation <> American Association of Prolife Obstretricians </small> | ||
Footnotes: see [[Statement 4 + Footnotes]] | Footnotes: see [[Statement 4 + Footnotes]] | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | |||
+ | ==Statement of Facts #5 of 12: Legislatures should regulate abortion, as Dobbs held, just as legislatures regulate the prosecution of all other murders== | ||
− | But not in the sense of absolute discretion to leave wholesale murders of a supposedly unwanted group of humans completely unregulated. That interpretation of Dobbs’ holding is premised on a “mistake of fact”, which is an official exception to Stare Decisis. 1 | + | But not in the sense of absolute discretion to leave wholesale murders of a supposedly unwanted group of humans completely unregulated. That interpretation of Dobbs’ holding is premised on a “mistake of fact”, which is an official exception to Stare Decisis.1 |
The “Mistake of Fact” that is the premise of letting voters decide whether to continue judge-approved genocide according to the “value” they place on little people is that the humanity of babies of humans is either unknowable or irrelevant. That premise was explicit in Roe and Casey, and implicit in Dobbs.2 | The “Mistake of Fact” that is the premise of letting voters decide whether to continue judge-approved genocide according to the “value” they place on little people is that the humanity of babies of humans is either unknowable or irrelevant. That premise was explicit in Roe and Casey, and implicit in Dobbs.2 | ||
That is an “erroneous factual premise”. The fact that little unborn humans are humans is neither unknowable3 nor irrelevant. It is verifiable and dispositive.4 The consensus of court-recognized fact finders cures that knowledge deficit, canceling that interpretation of Dobbs’ holding, while reinforcing Dobbs’ other two holdings that “The Constitution does not confer a right to abortion” and “Roe and Casey are overruled”, and requiring the outlawing of baby killing in every state.5 | That is an “erroneous factual premise”. The fact that little unborn humans are humans is neither unknowable3 nor irrelevant. It is verifiable and dispositive.4 The consensus of court-recognized fact finders cures that knowledge deficit, canceling that interpretation of Dobbs’ holding, while reinforcing Dobbs’ other two holdings that “The Constitution does not confer a right to abortion” and “Roe and Casey are overruled”, and requiring the outlawing of baby killing in every state.5 | ||
− | + | ||
+ | <small>'''Mini-lexicon of legal terms''' | ||
+ | |||
+ | '''Mistake of Fact:''' A statement of facts upon which a ruling was based, which is later shown to be untrue. It means the same as “erroneous factual premise”. | ||
+ | |||
+ | '''Stare Decisis:''' Hesitancy about reversing previous precedents. Precedents should only be reversed for very good reasons, because they affect how millions live, so the more law changes back and forth, the more that unsettles society. | ||
+ | |||
+ | '''Dispositive:''' Evidence so overwhelming that it is final. It settles a matter, with no need of further evidence. As in Matthew 26:65 “What further need have we of witnesses?” | ||
+ | Holding: The part of a ruling that demands obedience, or that is a conclusion that is the basis for the ruling. | ||
+ | |||
+ | '''Overruled''': Means the same as “overturned”, “repealed”, or “vacated”. It is where a court changes its mind, deciding that a previous precedent was “wrongly decided” or “incorrect”. Often it also means the previous ruling was unconstitutional, although nobody is allowed to use that word out loud. | ||
+ | |||
+ | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Illinois Right to Life <> Center for Religious Expression <> Connie Weiskopf and Kristine L. Brown </small> | ||
+ | |||
Footnotes: see [[Statement 5 + Footnotes]] | Footnotes: see [[Statement 5 + Footnotes]] | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | |||
+ | ==Statement of Facts #6 of 12: The full humanity of a tiny physical body is hard for many to grasp. But what distinguishes us from animals isn’t physical, and has no known pre-conscious stage== | ||
− | + | Part of the definition of “person” is “infused with a soul”, Roe v. Wade1 and dictionaries say.2 SCOTUS has not disagreed. “Consciousness” is another word for what has no physical explanation, and that distinguishes us from animals. | |
− | |||
− | |||
− | |||
− | |||
− | |||
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− | + | Animal behavior is predictable within breeds, indicating little “choice”. They are not like people who can choose to behave like angels or demons. Nothing physical can explain our ability to choose against our own bodies: to sacrifice our own interests for others, which is how John 15:13 defines “love”;3 or to destroy ourselves in hate.4 | |
+ | |||
+ | Roe v Wade was not out of line to consult “those trained in... theology” who study souls, as well as doctors who study bodies, to clarify who to count as human with an unalienable right to life.5 | ||
+ | |||
+ | The extent of human choice is said by Psalm 22:10 to enable an unborn baby to place his trust in God. Luke 1:44 similarly reports that a baby at 6 months heard a righteous voice [and/or felt the righteous Presence of God] and responded with joy,6 a response not everybody chooses, indicating that even the capacity for choosing between good and evil precedes birth. To human consciousness, we give greater legal protection than to animals.7 | ||
+ | Because nothing physical explains such powers, undeveloped bodies don’t establish undeveloped consciousness. | ||
− | + | Since a “soul” without consciousness has never been theorized and can’t be imagined,8 the consensus of fact finders is, in effect, that abortion kills babies with conscious souls. | |
+ | |||
+ | All this testimony indicates that when a baby is killed by dismemberment, acid, or sucking out the brain, it is not some non-sentient animal, some pre-human “potential life”, but a self-aware conscious soul that feels the pain, understands the cruelty, and if out-of-body near-death experiences are real, sees, along with God, who is doing it. | ||
+ | Even considering the body only, there is no objective line between birth and conception distinguishing “humans” from “nonpersons”, or between “meaningful life” and life which courts are free to terminate.9 Without such a line, there can be no stage of gestation at which killing a baby can be objectively distinguished from murder. No baby is safe while that line remains arbitrary.10 | ||
− | + | The failure of some people, and of some religions, to grasp the full humanity of babies at any given stage is a dangerous basis for permitting killing, since as many fail to grasp the full humanity of many groups of born persons. | |
+ | 28/430 words | ||
− | + | <small>Mini-lexicon of legal terms: | |
− | The | + | '''SCOTUS:''' Supreme Court Of The United States |
− | + | '''Stage of Gestation:''' Any time during the development of a baby in the womb. This isn’t exactly a legal term, but it is not common outside courts. | |
+ | |||
+ | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Foundation for Moral Law, Lutherans for Life <> American College of Pedia-tricians <> Jewish Prolife Foundation <> Dr. Robin Pierucci, M.D. </small> | ||
See footnotes at: [[Statement_6_+_Footnotes]] | See footnotes at: [[Statement_6_+_Footnotes]] | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
− | = | + | =Part 3: Myth Busters= |
− | + | ==Statement of Facts #7 of 12: Congress has ''Already'' Enacted a Personhood Law as Strong as a “Life Amendment”. The 14th Amendment ''already'' authorizes Congress to require all states to outlaw abortion, ''without'' allowing Congress to legalize it== | |
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Congress established in 2004 that: “‘unborn child’ means a child in utero, and the term ‘child in utero’...means a member of the species Homo Sapiens, at any stage of development, who is carried in the womb”, 18 U.S.C. 1841(d).1 | Congress established in 2004 that: “‘unborn child’ means a child in utero, and the term ‘child in utero’...means a member of the species Homo Sapiens, at any stage of development, who is carried in the womb”, 18 U.S.C. 1841(d).1 | ||
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The reason 18 U.S.C. 1841(d) has had no effect on the practice of legal abortion is not because of any deficiency in its authority to establish dispositive facts, but because no state law reviewed by SCOTUS has cited it to establish what Roe correctly said once “established” would “of course” require the end of legal abortion. | The reason 18 U.S.C. 1841(d) has had no effect on the practice of legal abortion is not because of any deficiency in its authority to establish dispositive facts, but because no state law reviewed by SCOTUS has cited it to establish what Roe correctly said once “established” would “of course” require the end of legal abortion. | ||
− | Not only is the 2004 law unmitigated evidence of life strong enough to “collapse” legal abortion by itself, but it would not be stronger if it were an Amendment to the Constitution.3 No other Constitutional Amendment is relied on for evidence of a fact. An Amendment can bind courts. But establishment of the Facts Of Life by evidence presented, cited, and tested in court | + | Not only is the 2004 law unmitigated evidence of life strong enough to “collapse” legal abortion by itself, but it would not be stronger if it were an Amendment to the Constitution.3 No other Constitutional Amendment is relied on for evidence of a fact. An Amendment can bind courts. But establishment of the Facts Of Life by evidence presented, cited, and tested in court pulls not only courts, but society, closer to reality.4 32/254 words |
+ | |||
+ | <small>Mini-Lexicon of legal terms: | ||
+ | |||
+ | '''Personhood Law:''' A law stating that an unborn baby is a person. A human being. A“human person”, as Dobbs v. Jackson stated. That is, a person with all the legal rights of any other human. | ||
+ | |||
+ | '''“In Utero”:''' In the womb. An unborn baby is in the womb - “in utero”. | ||
+ | |||
+ | '''“Homo Sapiens”:''' humans. “The species homo sapiens”: the human race. | ||
+ | |||
+ | '''Dispositive:''' Proved. Evidence so strong that no more is needed. | ||
+ | |||
+ | '''Cited:''' Quoted. Referred to it. | ||
+ | |||
+ | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Center for Medical Progress and David Daleide <> and from Professor Nathan Schluetter, Hillsdale College <> Judge Bork</small> | ||
See footnotes at: [[Statement_7_+_Footnotes]] | See footnotes at: [[Statement_7_+_Footnotes]] | ||
− | + | ---- | |
− | + | INDEX to all 12 Statements of Facts | |
− | + | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | |
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
− | + | ==Statement #8 of 12: Roe, Dobbs, and the 14th Amendment agree: All Humans are “Persons”== | |
− | |||
− | |||
Neither Roe nor Dobbs distinguished between “humans” and “persons” as if a “human” baby isn’t necessarily a “person”. [2] Nor does the 14th Amendment leave any human unprotected. | Neither Roe nor Dobbs distinguished between “humans” and “persons” as if a “human” baby isn’t necessarily a “person”. [2] Nor does the 14th Amendment leave any human unprotected. | ||
Line 314: | Line 441: | ||
Roe v. Wade equated the time an unborn child becomes “recognizably human” with the time the child becomes a “person”: “These disciplines variously approached the question [“of when life begins”] in terms of the point at which the embryo or fetus became ‘formed’ or recognizably human, or in terms of when a ‘person’ came into being, that is, infused with a ‘soul’ or ‘animated.’” 410 U.S. 113, 133(1973) | Roe v. Wade equated the time an unborn child becomes “recognizably human” with the time the child becomes a “person”: “These disciplines variously approached the question [“of when life begins”] in terms of the point at which the embryo or fetus became ‘formed’ or recognizably human, or in terms of when a ‘person’ came into being, that is, infused with a ‘soul’ or ‘animated.’” 410 U.S. 113, 133(1973) | ||
− | Dobbs cites the belief that “a human person comes into being at conception” without distinguishing between the two words. [3] The word “person” in the 14th Amendment meant “An individual human being...man, woman, or child...consisting of body and soul.” The word “child” in that 1828 definition included unborn children, since to be “with child” meant to be pregnant. [4] | + | Dobbs cites the belief that “a human person comes into being at conception” without distinguishing between the two words. [3] |
+ | |||
+ | The word “person” in the 14th Amendment meant “An individual human being...man, woman, or child...consisting of body and soul.” The word “child” in that 1828 definition included unborn children, since to be “with child” meant to be pregnant. [4] | ||
Therefore the Amendment’s “nor shall any state deprive any person of life” and “equal protection” of every “person” means every human, including those unborn. Nothing about the first clause keeps later clauses from protecting unborn humans. [5] | Therefore the Amendment’s “nor shall any state deprive any person of life” and “equal protection” of every “person” means every human, including those unborn. Nothing about the first clause keeps later clauses from protecting unborn humans. [5] | ||
Line 324: | Line 453: | ||
Although Dobbs showed by disproving the opposite that reverence for all human life from fertilization was “deeply rooted in America’s law and traditions”, that is not why rights merit 14th Amendment protection. By the “deeply rooted” test, slavery would be legal today, since freedom for slaves had zero historical support. | Although Dobbs showed by disproving the opposite that reverence for all human life from fertilization was “deeply rooted in America’s law and traditions”, that is not why rights merit 14th Amendment protection. By the “deeply rooted” test, slavery would be legal today, since freedom for slaves had zero historical support. | ||
− | Nor does it matter if the Amendment authors even wanted to protect all humans. In fact, it doesn’t matter if there is a 14th Amendment. If law is not equal upon its operation on all humans, which is the very definition of the word “law” as developed by Samuel Rutherford’s “Lex Rex” and Blackstone and adopted by America’s founders, to that extent there is, by definition, no “rule of law”, no restraint upon the “strong” to not tyrannize the “weak”. | + | Nor does it ''matter'' if the Amendment authors even wanted to protect all humans. In fact, it doesn’t matter if there is a 14th Amendment. If law is not equal upon its operation on all humans, which is the very definition of the word “law” as developed by Samuel Rutherford’s “Lex Rex” and Blackstone and adopted by America’s founders, to that extent there is, by definition, no “rule of law”, no restraint upon the “strong” to not tyrannize the “weak”. |
There is a direct test of whether babies merit 14th Amendment protection that does not require a romp through history: [7] see if their parents are humans. | There is a direct test of whether babies merit 14th Amendment protection that does not require a romp through history: [7] see if their parents are humans. | ||
Line 332: | Line 461: | ||
FOOTNOTES: see [[Statement_8_+_Footnotes]] | FOOTNOTES: see [[Statement_8_+_Footnotes]] | ||
− | <small> | + | <small>Mini-lexicon of legal terms: |
+ | |||
+ | '''14th Amendment:''' Ratified in 1868, the third year after the Civil War ended, it ruled that every state must give everyone under its laws the “equal protection” of its laws. It gave Congress authority to “enforce” the rights listed in the Constitution when state legislatures can’t or won’t, and to block state laws that protect some people less. Starting five years later, the Supreme Court usurped that authority of Congress for itself, and instead of protecting rights listed in the Constitution it made up rights not in the Constitution that are hostile to constitutional rights. More about that later. | ||
+ | |||
+ | '''Equal Protection Clause:''' The clause in the 14th Amendment that requires states to give “equal protection of the laws” to all its citizens. | ||
− | + | The footnotes are enriched by selections from the Amicus Briefs filed in Dobbs v. Jackson by: Lee J. Strang <> Scholars of Jurisprudence John M. Finnis and Robert P. George <> Mary Kay Bacallao Advocating for Unborn Children <> Center for Medical Progress and David Daleide <> and by selections from the 1996 debate between Judge Robert Bork and Professor Nathan Schluetter</small> | |
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small>' | ||
+ | |||
+ | ==Statement of Facts #9 of 12: When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equally fundamental right to life and medical care.== | ||
A legislature’s balancing of their interests cannot, therefore, be reviewed by “strict scrutiny”.2 Nor does alleged insufficiency of a “medical emergency” exception from a general abortion ban justify a court overturning the ban in the 99% of cases where no emergency is alleged.3 Legislatures are better equipped to deliberate about and secure the rights of all citizens than courts whose focus is the parties before them.4 | A legislature’s balancing of their interests cannot, therefore, be reviewed by “strict scrutiny”.2 Nor does alleged insufficiency of a “medical emergency” exception from a general abortion ban justify a court overturning the ban in the 99% of cases where no emergency is alleged.3 Legislatures are better equipped to deliberate about and secure the rights of all citizens than courts whose focus is the parties before them.4 | ||
Line 343: | Line 491: | ||
<small>Mini-Lexicon of legal terms: | <small>Mini-Lexicon of legal terms: | ||
+ | ''' | ||
+ | Fundamental Right:''' This is a term not found in the Constitution but made up by SCOTUS for the rights SCOTUS makes up which often displace rights actually listed in the Constitution. Justice Clarence Thomas is eloquent on this point. More about this later. | ||
− | + | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: A Foundation for Moral Law <> Pennsylvania Pro-Life Federation <> 396 State Legislators from 41 States</small> | |
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
− | + | ==Statement of Facts #10 of 12: Tyranny over any class of humans by any other is prohibited by the Constitution, and by the Declaration, which gives the purpose of the Constitution and rests its own authority on the revelation of God1 in the Bible== | |
Roe v Wade was not out of line to consult “those trained in... theology” who study souls, as well as doctors who study bodies, to clarify who to count as human with an unalienable right to life.3 | Roe v Wade was not out of line to consult “those trained in... theology” who study souls, as well as doctors who study bodies, to clarify who to count as human with an unalienable right to life.3 | ||
− | America’s Freedom springs from “all men are created equal” and “equal protection of the laws” for all humans even if their looks, language, wealth, strength, ancestry, power, or faith are different.4 These rights have proven such a blessing to the world that their source, the Bible, deserves the fair hearing owed any witness whose reliability has been confirmed, when it promises still greater blessings if we will equally protect humans whose physical size is different.5 | + | |
− | Its testimony is not “cumulative”, but “probative”.6 It is not to be feared as dispositive or compulsory: American freedom balances human understanding of how best to apply Biblical principles to government against the willingness of voting majorities to follow those principles. Even that is a Biblical principle legitimized in 1 Samuel 8.7 | + | America’s Freedom springs from “all men are created equal” and “equal protection of the laws” for all humans even if their looks, language, wealth, strength, ancestry, power, or faith are different.4 These rights have proven such a blessing to the world that their source, the Bible, deserves the fair hearing owed any witness whose reliability has been confirmed, when it promises still greater blessings if we will equally protect humans whose physical size is different.5 |
− | The history of slavery, Prohibition, and abortion illustrate the “willingness” factor. The probative value of the testimony of God is proved by the fact that without it, slavery would never have ended, and the prolife movement would never have begun. Which makes it probative to observe that not only the 14th Amendment, but also the revelation of God, requires this state, as it does every state, to outlaw all trampling of fundamental rights of any class of people, including abortion of babies.8 Where the two authorities say the same thing, the Bible, for all its alleged ambiguity, is better understood and more trusted than the Constitution which has indeed proven “a thing of wax” in the nimble fingers of even the most scrupulous judges.9 | + | |
− | Without God – without belief in a more objective standard of right and wrong than the “value” that voters place on “different” people through “evolving community standards”, it is impossible to understand fundamental rights.10 | + | Its testimony is not “cumulative”, but “probative”.6 It is not to be feared as dispositive or compulsory: American freedom balances human understanding of how best to apply Biblical principles to government against the willingness of voting majorities to follow those principles. Even that is a Biblical principle legitimized in 1 Samuel 8.7 |
+ | |||
+ | The history of slavery, Prohibition, and abortion illustrate the “willingness” factor. The probative value of the testimony of God is proved by the fact that without it, slavery would never have ended, and the prolife movement would never have begun. Which makes it probative to observe that not only the 14th Amendment, but also the revelation of God, requires this state, as it does every state, to outlaw all trampling of fundamental rights of any class of people, including abortion of babies.8 Where the two authorities say the same thing, the Bible, for all its alleged ambiguity, is better understood and more trusted than the Constitution which has indeed proven “a thing of wax” in the nimble fingers of even the most scrupulous judges.9 | ||
+ | |||
+ | Without God – without belief in a more objective standard of right and wrong than the “value” that voters place on “different” people through “evolving community standards”, it is impossible to understand fundamental rights.10 | ||
+ | |||
Courts have demonstrated this impossibility by so often confusing abominations for rights, decimating those whom Jesus said “forbid them not to come unto Me”, denying that He created them, murdering 17% of them, sodomizing 20% of the survivors, and censoring 100% of His teachings in schools.11 | Courts have demonstrated this impossibility by so often confusing abominations for rights, decimating those whom Jesus said “forbid them not to come unto Me”, denying that He created them, murdering 17% of them, sodomizing 20% of the survivors, and censoring 100% of His teachings in schools.11 | ||
+ | |||
That destruction of the 14th Amendment (1868) began when “Substantive Due Process”, pioneered in Dred Scott v. Sandford (1857), was applied in United States v. Cruikshank 92 U. S. 542 (1876) to acquit a white Democrat mililtia of murdering “as many as 165” black Republicans and burning down the courthouse they were defending.12 | That destruction of the 14th Amendment (1868) began when “Substantive Due Process”, pioneered in Dred Scott v. Sandford (1857), was applied in United States v. Cruikshank 92 U. S. 542 (1876) to acquit a white Democrat mililtia of murdering “as many as 165” black Republicans and burning down the courthouse they were defending.12 | ||
− | Uncensoring God does not “establish religion”. It does not compel belief, action or endorsement. It simply allows judges and voters to make informed decisions. It is part of fact-finding. It is part of reasoning. Part of embracing reality. Part of examining “the truth, the whole truth, and nothing but the truth”. Judges must stop punishing people for telling the truth just because the truth favors God.13 | + | |
− | Uncensoring the Bible does not require equal weight for claims of religions that deny equal rights for all.14 | + | Uncensoring God does not “establish religion”. It does not compel belief, action or endorsement. It simply allows judges and voters to make informed decisions. It is part of fact-finding. It is part of reasoning. Part of embracing reality. Part of examining “the truth, the whole truth, and nothing but the truth”. Judges must stop punishing people for telling the truth just because the truth favors God.13 |
− | For example, some claim “souls” don’t enter babies until long after fertilization, or even long after birth.15 Their claims do not “cancel” the mountain of consensus of court-recognized fact finders that souls are present from the beginning. Our Constitution and laws reject their unequal rights, and are appropriately wary of their rationales for their unequal rights. The credibility of every witness is not equal. Credibility is earned. | + | |
+ | Uncensoring the Bible does not require equal weight for claims of religions that deny equal rights for all.14 | ||
+ | |||
+ | For example, some claim “souls” don’t enter babies until long after fertilization, or even long after birth.15 Their claims do not “cancel” the mountain of consensus of court-recognized fact finders that souls are present from the beginning. Our Constitution and laws reject their unequal rights, and are appropriately wary of their rationales for their unequal rights. The credibility of every witness is not equal. Credibility is earned. | ||
There can be “free exercise” of religions hostile to “equal protection of the laws” only to the extent their “exercise” does not threaten the rights of others or violate the laws enacted to protect them – laws ultimately decided by voting majorities, hopefully well informed through the uncensoring of reality.16 39/520 words | There can be “free exercise” of religions hostile to “equal protection of the laws” only to the extent their “exercise” does not threaten the rights of others or violate the laws enacted to protect them – laws ultimately decided by voting majorities, hopefully well informed through the uncensoring of reality.16 39/520 words | ||
Line 374: | Line 546: | ||
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Foundation for Moral Law and Lutherans for Life <> Jewish Prolife Foundation <> LONANG Institute <> U.S. Conference of Catholic Bishops and Other Religious Organizations <> Claremont Institute’s Center for Constitutional Jurisprudence</small> | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Foundation for Moral Law and Lutherans for Life <> Jewish Prolife Foundation <> LONANG Institute <> U.S. Conference of Catholic Bishops and Other Religious Organizations <> Claremont Institute’s Center for Constitutional Jurisprudence</small> | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
− | + | =Part 4: Conclusions= | |
− | + | ==Statement of Facts #11 of 12: The 14th Amendment gives federal courts no “due process” authority to invent rights not specified in the Constitution, like the “right” to murder, and gives Congress no authority to legalize violations of Constitutional Rights, like taking a baby’s right to Life== | |
− | + | The sole federal authority over state laws regarding the rights of their own citizens is through the 14th Amendment, Sections One and Five.1 Contrary to SCOTUS rulings, the 14th Amendment explicitly provides: | |
+ | |||
+ | * '''Congress authorized, not courts.''' Congress, not courts, determines the manner and scope of federal intervention in states whose laws don’t protect their citizens’ rights.2 Congress is not limited to enforcing only those rights of which SCOTUS approves, nor only to the extent that SCOTUS approves,3 nor only when state governments, not individuals, directly violate rights.4 | ||
+ | |||
+ | * Federal courts aren’t permitted to stop either states or Congress from protecting enumerated rights (like Life), or to repeal their laws for conflicting with unenumerated [not listed in the Constitution] “rights” (like the “right” to murder babies), or to intervene in states’ protection of rights beyond prosecuting violations of federal laws.5 | ||
+ | |||
+ | * Nor can Congress stop states from protecting enumerated rights. Neither Congress nor federal courts may overturn a state law protecting the lives of unborn babies from surgical abortion, chemical abortion, or contraceptives.6 | ||
+ | |||
+ | * The rights subject to federal enforcement are not those made up by SCOTUS allegedly based on the “Due Process” clause,7 but those listed in the Constitution, referred to as “privileges and immunities”8 (including, for unborn babies, the “privilege” of life and “immunity” from “cruel and unusual punishment” and execution “without due process of law”).9 | ||
+ | * Enumerated Rights recognized before the Constitution existed are not excluded from Congressional intervention.10 | ||
+ | |||
+ | * '''“Substantive Due Process”''' is the sophistry by which SCOTUS turned the Constitution’s Authority to Define Rights, and Congress’ 14th Amendment Section 5 Authority to Enforce Rights, into its own authority to reclassify abominations as “rights”.11 It is an illegal, unconstitutional, Freedom-crushing fraud from Hell fomenting a long line of Landmark Abomination Cases.12 | ||
+ | |||
+ | <small>Mini-lexicon of legal terms: | ||
+ | |||
+ | '''Due Process:''' The duty of courts to give all parties to cases the fair and equal procedures and opportunities for defending themselves. | ||
+ | |||
+ | (This argument for ending SCOTUS’ long line of Landmark Abomination Cases continues in Part Two of this book where its focus on SCOTUS-mandated murder of babies created in the Image of God is extended to SCOTUS’ censorship of God Himself.) | ||
+ | |||
+ | The following footnotes are enriched by selections from the following amici who filed briefs in Dobbs v. Jackson: Lonang Institute <> Christian Legal Society <> AfricanAmerican, Hispanic, Roman Catholic and Protestant Religious and Civil Rights Organizations <> Senators Josh Hawley, Mike Lee, and Ted Cruz. And from Judge Robert Bork <> Nathan Schlueter, Professor of Philosophy and Religion, Hillsdale College, (when he debated Judge Bork in 2003 he was assistant professor of pre-law and political science at St. Ambrose University. Author, “Unborn Persons and the Fourteenth Amendment.” 2002.) <> Erwin Chemerinsky, Dean of Berkeley Law School <> Legal Information Institute, Cornell University <> Justice Clarence Thomas, dissents and concurrences <> justia.com <> James Gray Pope, Professor of Law and Sidney Reitman Scholar, Rutgers University School of Law <> Libby Adler professor of law and women’s, gender, and sexuality studies, Northeastern University Christmas, 2023''</small> | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> | ||
+ | ==Statement #12 of 12:Judicial Interference with Constitutional Obligations is Impeachable. The authority to impeach subsumes the authority to codify more surgical correctives.== | ||
+ | Any judge interfering with this state’s compliance with the 14th Amendment and its ancient authority to protect its people1 – the central reason governments exist, is an accessory to genocide according to the uncontradicted consensus of court-recognized fact finders,2 and is guilty of exercising the legislative function, in order to perpetuate genocide through an unconstitutional ruling,3 which exceeds the judicial powers given by any Constitution, which is Malfeasance in Office, a ground of impeachment.4 | ||
+ | The authority to impeach subsumes the authority to codify more surgical correctives, including (1) giving the state Supreme Court original jurisdiction over any challenge to a law, (2) requiring that review be expedited, (3) requiring a supermajority of the Court to suspend a law, (4) questioning justices in a public hearing about the constitutionality of their ruling, and (5) overturning the ruling with a supermajority of the legislature.5 | ||
− | + | Should any federal judge so interfere with this state’s constitutional duty, this state appeals to its congressional delegation to examine similar grounds for disciplinary action,6 along with exercising its Article III, Section 2, paragraph 2 authority to make “exceptions” and “regulations” designed to end SCOTUS’ long line of landmark abomination cases. | |
+ | This state also appeals to its congressional delegation to exercise its life-saving and rights-protecting authority under Section 5 of the 14th Amendment whose plain words give Congress, not courts, the authority to correct state violations of Rights,7 which subsumes the authority to define their scope and to balance competing interests, while the “privileges and immunities” clause identifies as protectable rights those listed in the Constitution.8 | ||
+ | Official world-wide definitions of “crimes against humanity” apply “to representatives of the State authority who tolerate their commission”, whether elected representatives or unelected judges.”9 | ||
− | + | Any court review of this law must be expedited, because lives are lost with each day that courts delay.10 7/230 words | |
− | + | <small>Mini-Lexicon of Legal terms: | |
− | + | '''Malfeasance in office:''' official misconduct; violation of a public trust or obligation; specifically, the doing of an act which is positively unlawful or wrongful. | |
− | + | '''Subsumes:''' Includes. To include or place within something larger or more comprehensive: encompass as a subordinate or component element red, green, and yellow are subsumed under the term "color" | |
+ | The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: 396 State Legislators from 41 States <> Melinda Thybault/Moral Outcry <> and by Matthew J. Franck, Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute and visiting lecturer in politics at Princeton University</small> | ||
− | + | ---- | |
+ | INDEX to all 12 Statements of Facts | ||
+ | <br><small>[[Statement_1_+_Footnotes]] Fact finders agree babies are people. No state can legalize people killing. | ||
+ | <br>[[Statement_2_+_Footnotes]] “Fact finders” persuade courts for the same reason they persuade the public. | ||
+ | <br>[[Statement_3_+_Footnotes]] SCOTUS never denied that Babies are fully human or ruled that irrelevant. | ||
+ | <br>[[Statement_4_+_Footnotes]] Heartbeats & Brain Waves are Legally Recognized Evidence of Life. | ||
+ | <br>[[Statement_5_+_Footnotes]] Legislatures must “regulate” abortion – the way they do other murders! | ||
+ | <br>[[Statement_6_+_Footnotes]] What makes us human isn’t physical, so physical size isn’t its measure. | ||
+ | <br>[[Statement_7_+_Footnotes]] Congress ''already'' passed a Personhood Law as Strong as a “Life Amendment”. | ||
+ | <br>[[Statement_8_+_Footnotes]] SCOTUS never said there are humans who aren't people. | ||
+ | <br>[[Statement_9_+_Footnotes]] Babies separated from moms to save moms have an equal right to live. | ||
+ | <br>[[Statement_10_+_Footnotes]] Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible. | ||
+ | <br>[[Statement_11_+_Footnotes]] The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights. | ||
+ | <br>[[Statement_12_+_Footnotes]] Judicial Interference with Constitutional Obligations is Impeachable.</small> |
Latest revision as of 04:41, 3 January 2024
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Saving Babies from judges & voters
Saving Souls from ‘Scrupulous Neutrality’ about Religion
by proving in courts of law and in the Court of Public Opinion that:
The right to live of a baby and of a judge are equal The Bible & reality-challenged religions are NOT equal
A strategy of Life that relies on the Author of Life
for pro-life, pro-Bible Lawmakers, Leaders, Lawyers, and Laymen
by Dave Leach R-IA Bible Lover-musician-grandpa (talk) 18:06, 15 October 2023 (UTC)
Introduction
This book offers twelve statements of fact about babies and abortion which I challenge any voter, lawyer, lawmaker, or judge to refute. Their footnotes contain nuggets from the 140 "Amicus" briefs filed in Dobbs v. Jackson (2022), the ruling that overturned Roe v. Wade. These statements are designed to soften the resistance of voters to outlawing baby murder, when presented in public, and to force judges to outlaw abortion in every state, when presented in court.
They are truths designed to be so unignorable, that when any lawmaker includes them in the “findings of facts” of a prolife law, in any state, prodeath fury will help publicize them with each advance through legislative deadlines. When friends of babies see them survive scrutiny, the force of these truths will grow like a snowball rolling down a hill.
But murdering babies is only the most egregious of many Landmark Abomination Cases. Their common thread is usurping authority which the Constitution assigns to others, and equating the Bible with spurious religions. “Never let a crisis go to waste”, say the enemies of God, but God is the true master of turning evil into an opportunity for good. It’s time. Let’s end the Supreme Court’s war against God.
The very fact that abortion is the worst of the ways the United States Supreme Court has turned American law upside down creates an opportunity to heal that branch of our government, and heal all the harm to our nation and its culture and morals that it has caused. As Professor Nathan Schluetter at Hillsdale College observes, “We must not let this opportunity pass to boldly challenge the prevailing jurisprudence and its attendant epistemological and moral skepticism with respect to abortion.”
It is the fact that unborn babies are living human children that makes killing them murder. It’s not what any law says about it, or even what the Constitution says about it. That’s what leaves Dobbs v. Jackson on the edge of reality, by treating this fact as something for voters to figure out, not on the basis of whether babies are in fact people but on the basis of some “value” they place on little people.
That fact is what makes the consensus of court-recognized fact finders a stronger legal reason to end legal abortion than a Life Amendment, and a powerful social reason in the Court of Public Opinion able to soften hearts to the silent screams of Jesus' little brothers and His quiet knocking on hearts' doors. Which makes it insane for prolifers to not even mention this legally dispositive consensus in each and every prolife court case, and every “finding of fact” in prolife legislation, along with leveling with the public about the Scriptures which are the real reason we even care.
Why these solutions may help even where abortion is already outlawed
(1) They could defeat a national abortion legalization.
(2) They could help you sue a nearby “blue state” for helping its baby killers murder your children.
(3) They could help if your district judges join the courtroom rebellion against Dobbs in other states.
(4) They could help meet challenges in the Court of Public Opinion, for example through a Resolution that irrefutably addresses every objection you have ever heard, as understandable to voters as it is irrefutable to judges. That would help the public see through future judicial gaslighting, and support judicial reform: ie. www.savetheworld .saltshaker.us/wiki/Judicial_Accountability_Act:_How_Legislatures_can_ stop_judges_from_legislating
(5) I could sure use your feedback. Proverbs 15:22.
(the goal of the following bill language)
requires a law whose Findings of Facts:
- contain evidence which no judge can squarely address and keep abortion legal anywhere: that unborn babies are real people – established by the (unanimous) consensus of court-recognized factfinders: juries, expert witnesses, 38 states, judges, and Congress;
- present its evidence in a way that is clear and persuasive to voters, to help them resist judicial and media gaslighting; (See below for “Why court-recognized fact finders persuade Voters”)
- address misunderstandings about abortion jurisprudence that divide prolifers, intimidate lawyers, and blind judges;
AND WHOSE PENALTIES
- restrict some aspect of abortion substantially enough that THEY can't be defended as a mere regulation with some other legitimate government purpose than saving lives. The restriction must be profound enough that its only possible defense is that it saves human lives. That will force courts to address the evidence that babies are fully human;
- provide no distractions that let judges rule on some technicality and ignore the evidence that the law would save lives. A perfect law that addresses everything from exceptions to contraception multiplies a judge’s opportunity to say “we don’t need to reach the issue of when life begins because the law fails on a lesser issue.” A simple yet substantial restriction, with “findings” that address the legal obstacles, will survive courts, which will get courts out of the way of saving life, which will free lawmakers to work out the challenging details with time to get a comprehensive solution right and with hope that they won’t waste their time;
- list specific penalties for specific situations, rather than broadly stated goals such as “babies are to be protected as much as adults”, leaving prosecutors and judges to guess what to punish, or how, in situations where evidence and culpability are different;
- contain a “life of the mother” exception whose applicability is clear enough that mothers are not denied life-saving care until doctors are assured by lawyers that said care will not put the doctors in jail; and
THE LAW SHOULD ALSO order courts to “expedite” any review, “because lives are lost with each day that courts delay”.
(A grant of expedited review will constitute tacit agreement that babies are people. To deny expedited review a judge would have to claim that lives are NOT lost with each day that courts delay; but there is simply no evidence to support such a claim! No American legal fact-finding authority in 50 years has dared such a claim! SCOTUS, from Roe to Dobbs, claims that even Supreme Court judges are incompetent to know - will a lower court judge claim superior knowledge?! Checkmate!)
More ideas: Judicial_Accountability_Act:_How_Legislatures_can_stop_judges_from_legislating
(A grant of expedited review will constitute tacit agreement that babies are people. To deny expedited review a judge would have to claim that lives are NOT lost with each day that courts delay; but there is simply no evidence to support such a claim! No American legal fact-finding authority in 50 years has dared such a claim! SCOTUS, from Roe to Dobbs, claims that even Supreme Court judges are incompetent to know - will a lower court judge claim superior knowledge?! Checkmate! See below for Expedited Review federal rules.)
WORD COUNTS: Using only the first boldfaced paragraph of each of these 12 Findings, in the “findings of facts” of a prolife law, will total about 200 words. The complete Findings, without footnotes, total nearly 3000 words. For the advantages of including enough information in a prolife law for the Findings to defend themselves, see “Too Lengthy?” below.
ABOUT THE AUTHOR: I am not a lawyer. But writing about prolife legal defenses designed to bring legal abortion to an end, and Scriptures calling for that goal, for 25 years in my Prayer * Action News, being uncertified as a lawyer, has created the opportunity for a remarkable interaction with Planned Barrenhoods priciest lawyers. Because news reporters wouldn’t report that my reasoning was designed as legal defenses in court, or that they were grounded in the Bible, what that left was their accusation that I advocated crime; whereas had my defenses been successful they would have allowed citizens to stop murderers legally, putting an end to the reason citizens took action.
Contents
- 1 Introduction
- 2 Part 1: Authority of Court-Recognized Fact Finders
- 2.1 Statement of Fact #1 of 12: Court-recognized, court-tested Finders of Facts unanimously establish that unborn babies are fully human, which makes killing them legally recognizable as murder, which the 14th Amendment doesn’t let any state legalize
- 2.2 Statement of Facts #2 of 12: Courts Accept the Fact-Finding Authority of Legislatures, Juries, Experts for the same good reasons their findings persuade the public.
- 2.3 Statement of Facts #3 of 12: The FACT that Babies are Fully Human was never denied or ruled irrelevant by SCOTUS
- 3 Part 2: The Power of Personhood
- 3.1 Statement of Facts #4 of 12: Heartbeats & Brain Waves are Legally Recognized Evidence of Life
- 3.2 Statement of Facts #5 of 12: Legislatures should regulate abortion, as Dobbs held, just as legislatures regulate the prosecution of all other murders
- 3.3 Statement of Facts #6 of 12: The full humanity of a tiny physical body is hard for many to grasp. But what distinguishes us from animals isn’t physical, and has no known pre-conscious stage
- 4 Part 3: Myth Busters
- 4.1 Statement of Facts #7 of 12: Congress has Already Enacted a Personhood Law as Strong as a “Life Amendment”. The 14th Amendment already authorizes Congress to require all states to outlaw abortion, without allowing Congress to legalize it
- 4.2 Statement #8 of 12: Roe, Dobbs, and the 14th Amendment agree: All Humans are “Persons”
- 4.3 Statement of Facts #9 of 12: When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equally fundamental right to life and medical care.
- 4.4 Statement of Facts #10 of 12: Tyranny over any class of humans by any other is prohibited by the Constitution, and by the Declaration, which gives the purpose of the Constitution and rests its own authority on the revelation of God1 in the Bible
- 5 Part 4: Conclusions
- 5.1 Statement of Facts #11 of 12: The 14th Amendment gives federal courts no “due process” authority to invent rights not specified in the Constitution, like the “right” to murder, and gives Congress no authority to legalize violations of Constitutional Rights, like taking a baby’s right to Life
- 5.2 Statement #12 of 12:Judicial Interference with Constitutional Obligations is Impeachable. The authority to impeach subsumes the authority to codify more surgical correctives.
John 10:10 The thief cometh not, but for to steal, and to kill, and to destroy: I am come that they might have life, and that they might have it more abundantly.
Abortion steals futures and family, kills the most innocent, and destroys economies and nations. Abortion isn’t the only Thief. The voices which self-censor to indulge inaction deny themselves Life More Abundantly.
Bible Nugget: free wisdom, guaranteed success
John 10:10 The thief cometh not, but for to steal, and to kill, and to destroy: I am come that they might have life, and that they might have it more abundantly.
James 1:5 If any of you lack wisdom, let him ask of God, that giveth to all men liberally, [without finding fault]; and it shall be given him. 6 But let him ask in faith, nothing wavering. (Gr. διακρινω not withdrawn from, ie. by lack of support from actions, or opposed, ie. by indecision)
Matthew 21:21 ...If ye have faith, and doubt not (Gr. διακρινω) ...ye shall say unto this mountain, Be thou removed, and be thou cast into the sea; it shall be done. 22 And all things, whatsoever ye shall ask in prayer, believing, ye shall receive.
Abortion steals futures and families, kills the most innocent, and destroys economies and nations. Abortion isn’t the only Thief. The voices which self-censor to indulge their own inaction deny themselves, not just their neighbors, Life More Abundantly.
If you are not satisfied with life less abundantly – ongoing slaughter of innocents – you won’t be satisfied now that the fate of babies is decided by the “value” that voters place on little people. You will keep searching for a strategy to end all the slaughter: to both outlaw it, and make it unthinkable to all but the worst of murderers.
If you believe you will reach every good goal you pursue with all your being, Matthew 21:21-22, you won’t be turned from ending the slaughter in every state by experts who tell you that is impossible which rules out a strategy for achieving it. You will search until you find God’s way to do God’s will.
You won’t say “I'm not smart enough to question prolife legal authorities who advise giving up”, if you believe James 1:5 which promises you all the wisdom you need to do good. Nor will you ever say you are not smart enough to read and understand legal briefs, court rulings, or to reason with lawmakers, lawyers, and prolife leaders, as necessary.
If you believe God, you will not excuse yourself from God’s call because you can’t talk well, like Moses, whom God answered “Who made mouths?” Exodus 4:11. Nor will you excuse yourself to God, saying you are but a child against the world’s superbrains, like Jeremiah, whom God answered, “Stop saying that! It is MY words you will speak, and I am no child!” Jeremiah 1:6-8.
If you believe God, you will shine God’s light wherever you find Darkness, Matthew 5:13-16. Since nothing is darker than murdering your own baby, you will seek God’s help as you oppose this evil, and none of these excuses will withdraw you from action.
Final Warning: read this at your own risk
Warning: read at your own risk. Rough reading Ahead, that may knock you from your TV chair.
Findings of Facts which No Judge can Squarely Address and Keep Abortion Legal
Part 1: Authority of Court-Recognized Fact Finders
Try to imagine how a judge, reviewing a prolife law with these Findings of Facts, would be able to dodge this evidence - in fact, see if you can find ANYONE who can refute these facts - as opposed to not caring about facts - that is, not caring about reality:
Statement of Fact #1 of 12: Court-recognized, court-tested Finders of Facts unanimously establish that unborn babies are fully human, which makes killing them legally recognizable as murder, which the 14th Amendment doesn’t let any state legalize
No fact can be more legally established than the fact that “life begins” at fertilization, being the consensus of every American legal authority who has taken a position, in every category of court-recognized finders of facts: juries,2 thousands of expert witnesses who were not contested,3 38 state legislatures,4 individual judges,5 and Congress.6
If the unanimous – uncontested – finding of every court-recognized fact-finder is not enough ‘establishment’ for the court to know a fact, it is impossible for any judge to know anything.
No legal authority has ruled that any unborn baby of a human is not in fact a human person, or that “life begins” any later than fertilization.7
No state can keep abortion legal now that this fact is established. This is so obvious that even Roe v. Wade said “of course”, and the lawyer for the abortionists agreed.8 For most public issues, disagreement is over facts.9 The only disagreement about abortion is between unanimous fact finders and those who don't care about facts.10 A court that won’t address the facts that justify and necessitate a law, or hear evidence of those facts, violates Due Process and has no legitimate jurisdiction to review that law.11
Footnotes: see Statement 1 + Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes “Fact finders” agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Bible Nugget
Matthew 16:24 If any man will come after me, let him deny himself, and take up his cross, and follow me. 25 For whosoever will save his life shall lose it: and whosoever will lose his life for my sake shall find it. 26 For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul?
Huh? How do we fit this with Jesus coming so we could have Life “more abundantly”?
How from our Cross is Life discovered?
How from such pain, can come such joy?
The Gospel tracts say Jesus suffered
so we’d need no works to employ.
Then what’s this Cross we take and follow?
Is there no “work” for us to do?
My Cup of Love I’ll lift and swallow.
I’ll “lose” false life, and find Life True.
Bible Nugget #2: The Cost of Success
Matthew 16:24 If any man will come after me, let him deny himself, and take up his cross, and follow me. 25 For whosoever will save his life shall lose it: and whosoever will lose his life for my sake shall find it. 26 For what is a man profited, if he shall gain the whole world, and lose his own soul? or what shall a man give in exchange for his soul?
Huh? How do we fit this with Jesus coming so we could have Life “more abundantly”?
How from our Cross is Life discovered? How from such pain, can come such joy? The Gospel tracts say Jesus suffered so we’d need no works to employ. Then what’s this Cross we take and follow? Is there no “work” for us to do? My Cup of Love I’ll lift and swallow. I’ll “lose” false life, and find Life True.
Statement of Facts #2 of 12: Courts Accept the Fact-Finding Authority of Legislatures, Juries, Experts for the same good reasons their findings persuade the public.
SCOTUS must accept legislative findings of facts that are not obviously irrational. “..the existence of facts supporting the legislative judgment is to be presumed...not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests upon some rational basis within the knowledge and experience of the legislators....” U.S. v. Carolene Products, 304 U.S. 144, 152 (1938).1
Besides the court-recognized fact finding authority of legislatures, courts must conform their rulings to laws until such time as courts declare laws unconstitutional. No court has overturned the “unborn victims of violence” laws (based on “human babies are people”) of 39 states and Congress, despite many challenges.2
To do so would require a court to positively affirm that human life does not begin until much later, which no legal authority has done, and for which no evidence exists.
Legislatures. Lawmakers are there by the choice of a majority of voters. They are bombarded by information from experts. They are scrutinized by other lawmakers. Many are lawyers, some of whom are constitutional scholars and past or future judges. They set the salaries of judges, and have the power to hold impeachment trials of judges. Congress, the national legislature, scrutinizes Supreme Court justices.
Many Congressmen are equally qualified: 15 U.S. Senators have served on the Supreme Court, and more were nominated.3
Juries are tested for impartiality. They are educated by the most qualified expert witnesses available. They study as long as necessary to establish truth – sometimes for months.4
Expert Witnesses are the best experts money can buy, and they are scrutinized by the other side’s experts.5
For all its faults, American court recognition of Fact Finders is among the world’s top methods of establishing reality that is available to humans, earning respect in the Court of Public Opinion along with their authority in courts of law.6
Footnotes: see Statement 2 + Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Bible Nugget
Mark 8:38 Whosoever therefore shall be ashamed of me and of my words in this adulterous and sinful generation; of him also shall the Son of man be ashamed, when he cometh in the glory of his Father with the holy angels.
We Bible believing conservatives need to quit blaming social media and CIA censorship for our failures and stop censoring ourselves.
I offer a way of stating evidence which no judge, news reporter, Democrat, or unbeliever can refute, along with answering objections that have crippled prolife messaging and legal strategy. But we despair of reaching those who stop their ears to evidence. “What’s the use of tightening our message? You’re preaching to the choir. We know babies are people but those other people have their opinion too.”
I’m not "preaching to the choir". I’m passing out a new composition to the choir for a coming TV special.
Most of those who won’t listen, won’t vote either, rendering their willful ignorance relatively benign. Stop worrying about them. All they will do is hate you, lie about you, wreck your business – childish stuff. We progress by clearly articulating to the extent possible. The same Bible which is the main reason we care about babies promises all the protection we need to finish what we are here to do.
It isn’t just saving baby bodies where we self censor. Adult souls are lost. We hold back sharing what we know about God. Snap out of it.
Statement of Facts #3 of 12: The FACT that Babies are Fully Human was never denied or ruled irrelevant by SCOTUS
From Roe (1973) through Dobbs (2022), SCOTUS evaded that core issue.1
SCOTUS never ruled babies Non-Persons “as a Matter of Law”, as lower courts allege.2 Roe made that fact not only relevant, but dispositive with a holding which no court has disputed even though Roe’s main holding was overturned:3
“[Prolifers] argue that the fetus is a ‘person’ within the language and meaning of the Fourteenth Amendment....If this suggestion of personhood is established, the [abortionist’s] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment [thus outlawing abortion in EVERY state]. The [abortionist’s lawyer] conceded as much....”4
Dobbs explicitly left this statement of the obvious untouched, saying “our decision is not based on any view about when a State should regard pre-natal life as having rights or legally cognizable interests....”5 Dobbs did not say babies aren’t people. Dobbs did not say voters should still decide whether babies can be murdered in the face of proof that babies are in fact people.6 Dobbs left in place Roe’s observation that “establishment” of this fact, independently of any law, ruling, or future constitutional amendment,7 dictates whether abortion is legally recognizable as a right or as a crime.8
This established fact is as relevant today as when Roe said “of course” it is.
This established fact is not disestablished by any judge’s alleged inability to understand it.9
This established FACT is not made irrelevant by any judge’s theory that the legal right of little humans to live is “impossible” to determine so it should be decided by their value to big humans.10
If only those legally recognized as “persons” were people, slavery could still be legal and the 14th Amendment would mean nothing. Slavery states would merely need to classify their victims as only 3/5 human.11 The Amendment protects those who are IN FACT people – what is irrelevant is whether babies are people “as a matter of law”.12
Footnotes: see Statement 3 + Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Part 2: The Power of Personhood
Statement of Facts #4 of 12: Heartbeats & Brain Waves are Legally Recognized Evidence of Life
Detectable heartbeats and brain waves are evidence that a person has not yet died, throughout state and federal law.1 Reason demands they be accepted as evidence that a person has begun to live.2
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: American College of Pediatricians <> Heartbeat International <> World Faith Foundation and Institute for Faith and Family <> National Catholic Bioethics Center, et al <> Center for Medical Progress and David Daleide <> Jewish Prolife Foundation <> American Association of Prolife Obstretricians
Footnotes: see Statement 4 + Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Statement of Facts #5 of 12: Legislatures should regulate abortion, as Dobbs held, just as legislatures regulate the prosecution of all other murders
But not in the sense of absolute discretion to leave wholesale murders of a supposedly unwanted group of humans completely unregulated. That interpretation of Dobbs’ holding is premised on a “mistake of fact”, which is an official exception to Stare Decisis.1
The “Mistake of Fact” that is the premise of letting voters decide whether to continue judge-approved genocide according to the “value” they place on little people is that the humanity of babies of humans is either unknowable or irrelevant. That premise was explicit in Roe and Casey, and implicit in Dobbs.2
That is an “erroneous factual premise”. The fact that little unborn humans are humans is neither unknowable3 nor irrelevant. It is verifiable and dispositive.4 The consensus of court-recognized fact finders cures that knowledge deficit, canceling that interpretation of Dobbs’ holding, while reinforcing Dobbs’ other two holdings that “The Constitution does not confer a right to abortion” and “Roe and Casey are overruled”, and requiring the outlawing of baby killing in every state.5
Mini-lexicon of legal terms
Mistake of Fact: A statement of facts upon which a ruling was based, which is later shown to be untrue. It means the same as “erroneous factual premise”.
Stare Decisis: Hesitancy about reversing previous precedents. Precedents should only be reversed for very good reasons, because they affect how millions live, so the more law changes back and forth, the more that unsettles society.
Dispositive: Evidence so overwhelming that it is final. It settles a matter, with no need of further evidence. As in Matthew 26:65 “What further need have we of witnesses?” Holding: The part of a ruling that demands obedience, or that is a conclusion that is the basis for the ruling.
Overruled: Means the same as “overturned”, “repealed”, or “vacated”. It is where a court changes its mind, deciding that a previous precedent was “wrongly decided” or “incorrect”. Often it also means the previous ruling was unconstitutional, although nobody is allowed to use that word out loud.
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Illinois Right to Life <> Center for Religious Expression <> Connie Weiskopf and Kristine L. Brown
Footnotes: see Statement 5 + Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Statement of Facts #6 of 12: The full humanity of a tiny physical body is hard for many to grasp. But what distinguishes us from animals isn’t physical, and has no known pre-conscious stage
Part of the definition of “person” is “infused with a soul”, Roe v. Wade1 and dictionaries say.2 SCOTUS has not disagreed. “Consciousness” is another word for what has no physical explanation, and that distinguishes us from animals.
Animal behavior is predictable within breeds, indicating little “choice”. They are not like people who can choose to behave like angels or demons. Nothing physical can explain our ability to choose against our own bodies: to sacrifice our own interests for others, which is how John 15:13 defines “love”;3 or to destroy ourselves in hate.4
Roe v Wade was not out of line to consult “those trained in... theology” who study souls, as well as doctors who study bodies, to clarify who to count as human with an unalienable right to life.5
The extent of human choice is said by Psalm 22:10 to enable an unborn baby to place his trust in God. Luke 1:44 similarly reports that a baby at 6 months heard a righteous voice [and/or felt the righteous Presence of God] and responded with joy,6 a response not everybody chooses, indicating that even the capacity for choosing between good and evil precedes birth. To human consciousness, we give greater legal protection than to animals.7 Because nothing physical explains such powers, undeveloped bodies don’t establish undeveloped consciousness.
Since a “soul” without consciousness has never been theorized and can’t be imagined,8 the consensus of fact finders is, in effect, that abortion kills babies with conscious souls.
All this testimony indicates that when a baby is killed by dismemberment, acid, or sucking out the brain, it is not some non-sentient animal, some pre-human “potential life”, but a self-aware conscious soul that feels the pain, understands the cruelty, and if out-of-body near-death experiences are real, sees, along with God, who is doing it. Even considering the body only, there is no objective line between birth and conception distinguishing “humans” from “nonpersons”, or between “meaningful life” and life which courts are free to terminate.9 Without such a line, there can be no stage of gestation at which killing a baby can be objectively distinguished from murder. No baby is safe while that line remains arbitrary.10
The failure of some people, and of some religions, to grasp the full humanity of babies at any given stage is a dangerous basis for permitting killing, since as many fail to grasp the full humanity of many groups of born persons.
28/430 words
Mini-lexicon of legal terms:
SCOTUS: Supreme Court Of The United States
Stage of Gestation: Any time during the development of a baby in the womb. This isn’t exactly a legal term, but it is not common outside courts.
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Foundation for Moral Law, Lutherans for Life <> American College of Pedia-tricians <> Jewish Prolife Foundation <> Dr. Robin Pierucci, M.D.
See footnotes at: Statement_6_+_Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Part 3: Myth Busters
Statement of Facts #7 of 12: Congress has Already Enacted a Personhood Law as Strong as a “Life Amendment”. The 14th Amendment already authorizes Congress to require all states to outlaw abortion, without allowing Congress to legalize it
Congress established in 2004 that: “‘unborn child’ means a child in utero, and the term ‘child in utero’...means a member of the species Homo Sapiens, at any stage of development, who is carried in the womb”, 18 U.S.C. 1841(d).1
This fact is not diminished by clause (c) which does not “permit [authorize] the prosecution of any person for...an abortion for which the consent of the pregnant woman...has been obtained.…”2 A law misaligned with facts does not block future lawmakers from making corrections, and states don’t need Congress’ “permission” to obey the 14th Amendment.
The reason 18 U.S.C. 1841(d) has had no effect on the practice of legal abortion is not because of any deficiency in its authority to establish dispositive facts, but because no state law reviewed by SCOTUS has cited it to establish what Roe correctly said once “established” would “of course” require the end of legal abortion.
Not only is the 2004 law unmitigated evidence of life strong enough to “collapse” legal abortion by itself, but it would not be stronger if it were an Amendment to the Constitution.3 No other Constitutional Amendment is relied on for evidence of a fact. An Amendment can bind courts. But establishment of the Facts Of Life by evidence presented, cited, and tested in court pulls not only courts, but society, closer to reality.4 32/254 words
Mini-Lexicon of legal terms:
Personhood Law: A law stating that an unborn baby is a person. A human being. A“human person”, as Dobbs v. Jackson stated. That is, a person with all the legal rights of any other human.
“In Utero”: In the womb. An unborn baby is in the womb - “in utero”.
“Homo Sapiens”: humans. “The species homo sapiens”: the human race.
Dispositive: Proved. Evidence so strong that no more is needed.
Cited: Quoted. Referred to it.
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Center for Medical Progress and David Daleide <> and from Professor Nathan Schluetter, Hillsdale College <> Judge Bork
See footnotes at: Statement_7_+_Footnotes
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Statement #8 of 12: Roe, Dobbs, and the 14th Amendment agree: All Humans are “Persons”
Neither Roe nor Dobbs distinguished between “humans” and “persons” as if a “human” baby isn’t necessarily a “person”. [2] Nor does the 14th Amendment leave any human unprotected.
Roe v. Wade equated the time an unborn child becomes “recognizably human” with the time the child becomes a “person”: “These disciplines variously approached the question [“of when life begins”] in terms of the point at which the embryo or fetus became ‘formed’ or recognizably human, or in terms of when a ‘person’ came into being, that is, infused with a ‘soul’ or ‘animated.’” 410 U.S. 113, 133(1973)
Dobbs cites the belief that “a human person comes into being at conception” without distinguishing between the two words. [3]
The word “person” in the 14th Amendment meant “An individual human being...man, woman, or child...consisting of body and soul.” The word “child” in that 1828 definition included unborn children, since to be “with child” meant to be pregnant. [4]
Therefore the Amendment’s “nor shall any state deprive any person of life” and “equal protection” of every “person” means every human, including those unborn. Nothing about the first clause keeps later clauses from protecting unborn humans. [5]
See also Wong Wing v. United States, 163 U.S.228, 242 (1896), “The term ‘person’ is broad enough to include any and every human being within the jurisdiction of the republic...This has been decided so often that the point does not require argument.” Steinberg v. Brown 321 F. Supp. 741 (N.D. Ohio, 1970) “[o]nce human life has commenced, the constitutional protections found in the Fifth and Fourteenth Amendments impose upon the state a duty of safeguarding it”. [6]
The word “persons” in the 14th Amendment means all who are IN FACT humans. Had it been only for those who are legally recognized as human, every deprivation of fundamental rights would be “constitutional” so long as a law or ruling questions whether its victims are “persons in the whole sense”.
Although Dobbs showed by disproving the opposite that reverence for all human life from fertilization was “deeply rooted in America’s law and traditions”, that is not why rights merit 14th Amendment protection. By the “deeply rooted” test, slavery would be legal today, since freedom for slaves had zero historical support.
Nor does it matter if the Amendment authors even wanted to protect all humans. In fact, it doesn’t matter if there is a 14th Amendment. If law is not equal upon its operation on all humans, which is the very definition of the word “law” as developed by Samuel Rutherford’s “Lex Rex” and Blackstone and adopted by America’s founders, to that extent there is, by definition, no “rule of law”, no restraint upon the “strong” to not tyrannize the “weak”.
There is a direct test of whether babies merit 14th Amendment protection that does not require a romp through history: [7] see if their parents are humans.
“To say that the test of equal protection should be the ‘legal’ rather than the biological relationship is to avoid the issue. For the Equal Protection Clause necessarily limits the authority of a State [or its judges] to draw such ‘legal’ lines as it chooses.” Glona, 391 U.S. 73, 75 (1968) [8]
FOOTNOTES: see Statement_8_+_Footnotes
Mini-lexicon of legal terms:
14th Amendment: Ratified in 1868, the third year after the Civil War ended, it ruled that every state must give everyone under its laws the “equal protection” of its laws. It gave Congress authority to “enforce” the rights listed in the Constitution when state legislatures can’t or won’t, and to block state laws that protect some people less. Starting five years later, the Supreme Court usurped that authority of Congress for itself, and instead of protecting rights listed in the Constitution it made up rights not in the Constitution that are hostile to constitutional rights. More about that later.
Equal Protection Clause: The clause in the 14th Amendment that requires states to give “equal protection of the laws” to all its citizens.
The footnotes are enriched by selections from the Amicus Briefs filed in Dobbs v. Jackson by: Lee J. Strang <> Scholars of Jurisprudence John M. Finnis and Robert P. George <> Mary Kay Bacallao Advocating for Unborn Children <> Center for Medical Progress and David Daleide <> and by selections from the 1996 debate between Judge Robert Bork and Professor Nathan Schluetter
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.'
Statement of Facts #9 of 12: When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equally fundamental right to life and medical care.
A legislature’s balancing of their interests cannot, therefore, be reviewed by “strict scrutiny”.2 Nor does alleged insufficiency of a “medical emergency” exception from a general abortion ban justify a court overturning the ban in the 99% of cases where no emergency is alleged.3 Legislatures are better equipped to deliberate about and secure the rights of all citizens than courts whose focus is the parties before them.4
SCOTUS never denied that a legislature’s “personhood” statements in an abortion ban are strong evidence.5 That evidence is not mitigated by a ban’s exceptions.6 It is not made irrelevant because baby killers “rely” on killing babies.7 28/130 words
Mini-Lexicon of legal terms: Fundamental Right: This is a term not found in the Constitution but made up by SCOTUS for the rights SCOTUS makes up which often displace rights actually listed in the Constitution. Justice Clarence Thomas is eloquent on this point. More about this later.
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: A Foundation for Moral Law <> Pennsylvania Pro-Life Federation <> 396 State Legislators from 41 States
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Statement of Facts #10 of 12: Tyranny over any class of humans by any other is prohibited by the Constitution, and by the Declaration, which gives the purpose of the Constitution and rests its own authority on the revelation of God1 in the Bible
Roe v Wade was not out of line to consult “those trained in... theology” who study souls, as well as doctors who study bodies, to clarify who to count as human with an unalienable right to life.3
America’s Freedom springs from “all men are created equal” and “equal protection of the laws” for all humans even if their looks, language, wealth, strength, ancestry, power, or faith are different.4 These rights have proven such a blessing to the world that their source, the Bible, deserves the fair hearing owed any witness whose reliability has been confirmed, when it promises still greater blessings if we will equally protect humans whose physical size is different.5
Its testimony is not “cumulative”, but “probative”.6 It is not to be feared as dispositive or compulsory: American freedom balances human understanding of how best to apply Biblical principles to government against the willingness of voting majorities to follow those principles. Even that is a Biblical principle legitimized in 1 Samuel 8.7
The history of slavery, Prohibition, and abortion illustrate the “willingness” factor. The probative value of the testimony of God is proved by the fact that without it, slavery would never have ended, and the prolife movement would never have begun. Which makes it probative to observe that not only the 14th Amendment, but also the revelation of God, requires this state, as it does every state, to outlaw all trampling of fundamental rights of any class of people, including abortion of babies.8 Where the two authorities say the same thing, the Bible, for all its alleged ambiguity, is better understood and more trusted than the Constitution which has indeed proven “a thing of wax” in the nimble fingers of even the most scrupulous judges.9
Without God – without belief in a more objective standard of right and wrong than the “value” that voters place on “different” people through “evolving community standards”, it is impossible to understand fundamental rights.10
Courts have demonstrated this impossibility by so often confusing abominations for rights, decimating those whom Jesus said “forbid them not to come unto Me”, denying that He created them, murdering 17% of them, sodomizing 20% of the survivors, and censoring 100% of His teachings in schools.11
That destruction of the 14th Amendment (1868) began when “Substantive Due Process”, pioneered in Dred Scott v. Sandford (1857), was applied in United States v. Cruikshank 92 U. S. 542 (1876) to acquit a white Democrat mililtia of murdering “as many as 165” black Republicans and burning down the courthouse they were defending.12
Uncensoring God does not “establish religion”. It does not compel belief, action or endorsement. It simply allows judges and voters to make informed decisions. It is part of fact-finding. It is part of reasoning. Part of embracing reality. Part of examining “the truth, the whole truth, and nothing but the truth”. Judges must stop punishing people for telling the truth just because the truth favors God.13
Uncensoring the Bible does not require equal weight for claims of religions that deny equal rights for all.14
For example, some claim “souls” don’t enter babies until long after fertilization, or even long after birth.15 Their claims do not “cancel” the mountain of consensus of court-recognized fact finders that souls are present from the beginning. Our Constitution and laws reject their unequal rights, and are appropriately wary of their rationales for their unequal rights. The credibility of every witness is not equal. Credibility is earned. There can be “free exercise” of religions hostile to “equal protection of the laws” only to the extent their “exercise” does not threaten the rights of others or violate the laws enacted to protect them – laws ultimately decided by voting majorities, hopefully well informed through the uncensoring of reality.16 39/520 words
Mini-Lexicon of legal terms:
Cumulative: testimony so redundant that it wastes the court’s time Dispositive: testimony so strong that it settles the issue with no more Probative: probative facts establish, or contribute to, proof. Probative value is the degree of relevance of evidence.
Prohibition: From 1920 to 1932, drinking (alcohol) was made illegal, banned by an actual Constitutional Amendment. Actual alcohol consumption dropped by about 50%, or at least that is how much Cirrhosis of the Liver cases dropped. During that time the drop in drinking led to an economic boom, called the “Roaring Twenties”, which unfortunately were not remembered for their prosperity but for their immorality. In 1928, the prosperity collapsed into a “Great Depression” due to cheating by stock market investors. In 1932 Americans wanted liquor so bad they ratified another Constitutional Amendment repealing the 1920 Amendment.
Substantive Due Process: As Justice Clarence Thomas eloquently explains – see Statement #11 footnotes, this phrase was made up by SCOTUS to justify making up what it calls “fundamental rights” as its tool of repealing laws it doesn’t like. It gets its name from the SCOTUS claim that the “Due Process” clause of the 14th Amendment gives SCOTUS its authority to make up rights and call them “fundamental”. But “Due Process” only meant the legal procedures which everyone must be given equally, to defend their rights in court when necessary. The phrase has nothing to do with identifying what rights are protectable. But “Substantive” means those rights we care about, that the Constitution protects. Like freedom of speech or religion. Because “substantive” means substantial, serious rights, and “due process” has nothing to do with identifying any rights, the LONANG Institute observes in Statement #11 notes that “substantive due process” is an oxymoron.
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: Foundation for Moral Law and Lutherans for Life <> Jewish Prolife Foundation <> LONANG Institute <> U.S. Conference of Catholic Bishops and Other Religious Organizations <> Claremont Institute’s Center for Constitutional Jurisprudence
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Part 4: Conclusions
Statement of Facts #11 of 12: The 14th Amendment gives federal courts no “due process” authority to invent rights not specified in the Constitution, like the “right” to murder, and gives Congress no authority to legalize violations of Constitutional Rights, like taking a baby’s right to Life
The sole federal authority over state laws regarding the rights of their own citizens is through the 14th Amendment, Sections One and Five.1 Contrary to SCOTUS rulings, the 14th Amendment explicitly provides:
- Congress authorized, not courts. Congress, not courts, determines the manner and scope of federal intervention in states whose laws don’t protect their citizens’ rights.2 Congress is not limited to enforcing only those rights of which SCOTUS approves, nor only to the extent that SCOTUS approves,3 nor only when state governments, not individuals, directly violate rights.4
- Federal courts aren’t permitted to stop either states or Congress from protecting enumerated rights (like Life), or to repeal their laws for conflicting with unenumerated [not listed in the Constitution] “rights” (like the “right” to murder babies), or to intervene in states’ protection of rights beyond prosecuting violations of federal laws.5
- Nor can Congress stop states from protecting enumerated rights. Neither Congress nor federal courts may overturn a state law protecting the lives of unborn babies from surgical abortion, chemical abortion, or contraceptives.6
- The rights subject to federal enforcement are not those made up by SCOTUS allegedly based on the “Due Process” clause,7 but those listed in the Constitution, referred to as “privileges and immunities”8 (including, for unborn babies, the “privilege” of life and “immunity” from “cruel and unusual punishment” and execution “without due process of law”).9
* Enumerated Rights recognized before the Constitution existed are not excluded from Congressional intervention.10
- “Substantive Due Process” is the sophistry by which SCOTUS turned the Constitution’s Authority to Define Rights, and Congress’ 14th Amendment Section 5 Authority to Enforce Rights, into its own authority to reclassify abominations as “rights”.11 It is an illegal, unconstitutional, Freedom-crushing fraud from Hell fomenting a long line of Landmark Abomination Cases.12
Mini-lexicon of legal terms:
Due Process: The duty of courts to give all parties to cases the fair and equal procedures and opportunities for defending themselves.
(This argument for ending SCOTUS’ long line of Landmark Abomination Cases continues in Part Two of this book where its focus on SCOTUS-mandated murder of babies created in the Image of God is extended to SCOTUS’ censorship of God Himself.)
The following footnotes are enriched by selections from the following amici who filed briefs in Dobbs v. Jackson: Lonang Institute <> Christian Legal Society <> AfricanAmerican, Hispanic, Roman Catholic and Protestant Religious and Civil Rights Organizations <> Senators Josh Hawley, Mike Lee, and Ted Cruz. And from Judge Robert Bork <> Nathan Schlueter, Professor of Philosophy and Religion, Hillsdale College, (when he debated Judge Bork in 2003 he was assistant professor of pre-law and political science at St. Ambrose University. Author, “Unborn Persons and the Fourteenth Amendment.” 2002.) <> Erwin Chemerinsky, Dean of Berkeley Law School <> Legal Information Institute, Cornell University <> Justice Clarence Thomas, dissents and concurrences <> justia.com <> James Gray Pope, Professor of Law and Sidney Reitman Scholar, Rutgers University School of Law <> Libby Adler professor of law and women’s, gender, and sexuality studies, Northeastern University Christmas, 2023
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
Statement #12 of 12:Judicial Interference with Constitutional Obligations is Impeachable. The authority to impeach subsumes the authority to codify more surgical correctives.
Any judge interfering with this state’s compliance with the 14th Amendment and its ancient authority to protect its people1 – the central reason governments exist, is an accessory to genocide according to the uncontradicted consensus of court-recognized fact finders,2 and is guilty of exercising the legislative function, in order to perpetuate genocide through an unconstitutional ruling,3 which exceeds the judicial powers given by any Constitution, which is Malfeasance in Office, a ground of impeachment.4
The authority to impeach subsumes the authority to codify more surgical correctives, including (1) giving the state Supreme Court original jurisdiction over any challenge to a law, (2) requiring that review be expedited, (3) requiring a supermajority of the Court to suspend a law, (4) questioning justices in a public hearing about the constitutionality of their ruling, and (5) overturning the ruling with a supermajority of the legislature.5
Should any federal judge so interfere with this state’s constitutional duty, this state appeals to its congressional delegation to examine similar grounds for disciplinary action,6 along with exercising its Article III, Section 2, paragraph 2 authority to make “exceptions” and “regulations” designed to end SCOTUS’ long line of landmark abomination cases.
This state also appeals to its congressional delegation to exercise its life-saving and rights-protecting authority under Section 5 of the 14th Amendment whose plain words give Congress, not courts, the authority to correct state violations of Rights,7 which subsumes the authority to define their scope and to balance competing interests, while the “privileges and immunities” clause identifies as protectable rights those listed in the Constitution.8
Official world-wide definitions of “crimes against humanity” apply “to representatives of the State authority who tolerate their commission”, whether elected representatives or unelected judges.”9
Any court review of this law must be expedited, because lives are lost with each day that courts delay.10 7/230 words
Mini-Lexicon of Legal terms:
Malfeasance in office: official misconduct; violation of a public trust or obligation; specifically, the doing of an act which is positively unlawful or wrongful.
Subsumes: Includes. To include or place within something larger or more comprehensive: encompass as a subordinate or component element red, green, and yellow are subsumed under the term "color"
The following footnotes are enriched by selections from the following amicus briefs filed in Dobbs v. Jackson: 396 State Legislators from 41 States <> Melinda Thybault/Moral Outcry <> and by Matthew J. Franck, Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute and visiting lecturer in politics at Princeton University
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Fact finders agree babies are people. No state can legalize people killing.
Statement_2_+_Footnotes “Fact finders” persuade courts for the same reason they persuade the public.
Statement_3_+_Footnotes SCOTUS never denied that Babies are fully human or ruled that irrelevant.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures must “regulate” abortion – the way they do other murders!
Statement_6_+_Footnotes What makes us human isn’t physical, so physical size isn’t its measure.
Statement_7_+_Footnotes Congress already passed a Personhood Law as Strong as a “Life Amendment”.
Statement_8_+_Footnotes SCOTUS never said there are humans who aren't people.
Statement_9_+_Footnotes Babies separated from moms to save moms have an equal right to live.
Statement_10_+_Footnotes Tyranny over any people group violates the Constitution, and the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives Congress no authority to block state protection of rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.