The Right to Life: The 'Something Back' of the U.S. Constitution

By Andrew M. Greenwell, Esq.
10/14/2012
Catholic Online (www.catholic.org)

Roe v. Wade is directly inimical to the Declaration of Independence's right to life.

The right to life is in our Constitution. There is no right to an abortion in our Constitution. Look at our Constitution, look at every jot and tittle of it, look even at its penumbras and emanations of it, and you will not find a right to an abortion.

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CORPUS CHRISTI, TX (Catholic Online) - The right to life is in our Constitution. There is no right to an abortion in our Constitution. Look at our Constitution, look at every jot and tittle of it, look even at its penumbras and emanations of it, and you will not find a right to an abortion.

Nowhere.

But, you might object, the majority of the justices on the United States Supreme Court say it's there. But, you are probably thinking to yourself, Roe v. Wade says it's there. But, you might also note, the Supreme Court reaffirmed its commitment to Roe v. Wade in 1992, in Planned Parenthood v. Casey.

All those things may be true, but I say nevertheless: the right to life is in our Constitution. There is no right to an abortion in our Constitution.

Roe v. Wade and its progeny are built upon a dishonest jurisprudence, one not based upon the Constitutional text in any honest way.

It is Roe v. Wade that is unconstitutional because it has no real basis in the Constitution.

Now, I am a lawyer. I have sworn without any mental reservation to uphold the Constitution of the United States. And the Constitution which I swore to uphold does not recognize Roe v. Wade.

Let me explain why with a personal story.

In my third year of law school, I had to apply with the Texas Board of Law Examiners for a law license. In the form that I was required to fill out there was a section that asked whether I supported, without any mental reservation, the Constitution of the United States.

I wrote down yes, but I added "insofar as the law of God allows." My concern was that I was not about to support Roe v. Wade (and also Griswold v. Connecticut, but that's a different issue) because the Constitution of the United States does not contain the right to abortion. I was not about to swear that I supported the notion that our Constitution contains a right to abortion.

The Board of Law Examiners was not particularly pleased at my answer, and it summoned me to Austin to determine whether I was "morally fit" to practice law since I would only swear to uphold the Constitution "insofar as the law of God" allows.

That's something, isn't it? To be considered possibly "morally unfit" because you believe that our Nation, and the Constitution which frames it, is "under God."

Nevertheless, I went before that Committee to defend myself. And I explained that I did not think that the Constitution contained a right to abortion, and that I could not swear to uphold the Constitution if that Constitution contained a right to abortion.

And you know what?

The Committee decided after all that I was morally fit to practice law, that I did not have to swear that the Constitution contains within it a right to abortion, so the Constitution that I swore to uphold, and I still swear to uphold, does not contain a right to abortion.

But really, what happened to me before that Committee of the Board of Law Examiners is a symbol of what has happened to our Constitution and our Nation.

When your loyalty is questioned because you are pro-life, when your loyalty to the Constitution is questioned because you believe that our laws--including our Constitution--must be understood as being "under God," something of great significance has happened.

What is it that has happened?

The best way to understand this issue is to borrow an image from Abraham Lincoln. It is found in a famous "Fragment" of his writings.

During the civil war, Abraham Lincoln was reflecting upon Proverbs 25:11. Proverbs 25:11 reads: "A word fitly spoken is like apples of gold in a setting [or frame] of silver."

Reflecting on this proverb, Lincoln wrote that there is "something back" of the Constitution and our Nation. There is something more, something that supports the Constitution.

This "something back" of the Constitution is what gave spirit to, which informed the ordered liberty behind the Constitution.

That "something back" of the Constitution, and not necessarily the Constitution itself, is what contributed to our "great prosperity."

This "something back" of the Constitution and our Nation is something living, as it can be found "entwining itself more closely about the human heart" of Americans.

This "something back" is the "philosophical cause" of our Constitution and our Nation.

For Lincoln, that "something back" of the Constitution was expressed in the Declaration of Independence.

The Declaration of Independence, one should never forget, declares that we are all created equal.

It declares that we are "endowed by [our] Creator with inherent and inalienable rights."

It declares that "among these" rights is, ...

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1 - 10 of 12 Comments

Judy Claar
7 months ago
DLL, I concur. It is sad to watch Life change. But change it must. However, not to the degree where there is no more "Right To Life". I, we, watch barbarism return. Stop it we try. And will continue to do so until our dying breath. And in the meantime, all we can do, the most we can do, is what you said in the last few lines of your last post. If only people would listen and take it to heart. "Sacred Heart Of Jesus, Pray for Us".
DLL
7 months ago
Pope Benedict and John Paul 2 as well as Pope Paul are huge heroes for me. The Catholic Church is blest to have had them as Popes. The encyclicals that they have written are classic. They are documents of human spiritual as well as basic human freedom. It is all a matter of faith and reason. The work of the founding fathers of the United States were by men of Faith in God,more or less,it could not have to had been otherwise,as no one would take these documents of freedom very seriously. I do not doubt their intent at the time they were written as anything but pure and honest,good basic common sense. All of the above mentioned respect life and human freedom and dignity. All believe that the government of the people is a sacred trust given to those that govern,as a sacred Holy and honest endeavor. The fine ideal must be the reality of our government as they rule us each and everyday. This is my prayer. The fact that this seems to be changing is why my previous posts express my concerns and my alarm for what is changing to destroy the very meaning of the value of each and every human life. Today there is an attempt to change the nature of the historical perspective of history so that the motives of historical figures is grossly distorted. There are a couple of movies coming out about Abe Lincoln and as a result of there content Lincoln is unrecognizable. One has Lincoln as a vampire slayer and the other as some angry,evil warlord of the Civil War. History is distorted. The human perspective about what constitutes a human right is agenda driven. Money talks,lots of it,and this huge amount of money invested in certain key figures,is changing our laws from what was universally understood as very reasonable,to what is now completely beyond reason and common sense. We have very much to pray to God for,as well as praying for one another. My prayers are with you Sara,Judy and Mr Greenwell,as well as for all people everywhere. The Heart of Christ is the Sacred Heart of the love of God,a God of mercy and grace. Let God be Supreme governor over all,as He is the perfection of a Holy,just,pure and ever lasting Heavenly government,the perfect example for each and every earthly government. Eucharistic Adoration will change the World and is the perfect place to pray to God for this change. Faith,reason and common sense is a gift of God. It is only sin that utterly destroys these gifts of God. Sin is unreasonable,the force of resistance to God that destroys all human perspective,as well as our collective endeavors to establish peace,as well as governments that are actively right and just,that should be devoted to protecting each and every Human life on our planet,from birth to a natural death.
Judy Claar
7 months ago
A.M.Greenwell: Great article! Interesting. Valid points made. Blessings...
SaraPalen
7 months ago
DLL, I agree life is important, but as Paul said even Pagans, by human nature should know these things.Even a young child can aknowledge the life inside of a pregnant woman. Liberty and the pursuit of happiness which used to mean determining what is the will of God, back in the day of our constitution, are also important. Life is being attacked, as is our liberty, our ability to defend our faith given to us by God and no man. It is not confered by any government. We have to learn our faith to better defend it. We also have to learn what the intent of the founders were.The divine law and natural law are the two branches. God will give us graces, but we have to take them, live them, teach them to our children. For example, B16 is encouraging us to revisit the documents of VII. There are many, but one if I remembe,r talks about our liberties. Our catechism teaches about both the divine and natural law.I do believe that faith is a gift, but much is required to whom much is given. You are right the lack of respect for life will lead to a multitude of other injustices DLL, pray for our country, and please pray for me too.
DLL
7 months ago
Sara:Life is what it is about. Is it of value or not? It is not just natural law that determines this fact. Although it is a factor,life is a gift. in faith it is a gift from God. Without faith it is not. A country without faith or respect for any law that respects life,wether it be natural or otherwise is "The Culture Of Death". That is what todays ever-changing laws determine,who will die and when. These new laws are ever changing the traditional and natural as well as God"s Holy Laws. Now it is the pre-born who die as a matter of convenience. Soon it will be all the weak,infirm the terminally sick or dysfunctional and the elderly. A country with no faith become a people who become their own gods, violating all of the laws that value any life at all and protect the right to life. Assigned death to any who are considered non-essential people,is defined by only one term that violates any given life and that term is MURDER,it is THE murder of the innocents. Are we now in a nation that is starting to demand this reign of terror? Again,that is the question. When life is of no value then it is HELL ON PLANET EARTH! That is the ultimate definition coupled with the term MURDER!
SaraPalen
7 months ago
DLL, is B16 wrong then, cause he says it is in fact about natural law. There may be traps and disagreements and lack of understanding of it, but what else do we have that binds individuals, families, communities and nations? He, along with Blessed JPII know that the identity we have as a people is inextricably linked to the memory of the past. A great understanding of this is in Paul's writings to the Romans.
DLL
7 months ago
The question of the day is not as much to argue over natural law,which is like some kind of a trap,it is wether life has meanining enough to be precious at all and worth our protection. The current events are changing the current laws so that our answer that we now get from our lawmakers of today,is a resounding,NO! This is what the fight is all about. It is not about what men of history meant or thought,it is a matter of what the people of today think and are willing to tolerate. My equation says that loss of life and the meaning of a life,equals a complete loss of human rights and therefore a loss of what it means to be free. Covienience that results in the loss of human life is not freedom it is the reign of terror.
Andrew M Greenwell
7 months ago
@DarthJ: By quoting Lincoln, I am not in any way confirming everything he did or stood for. Recall that this was a speech for a mixed audience, and invoking Lincoln as a rhetorical source for an image which is sound, allowed me to use American traditions to hearken back to an even earlier tradition (the natural law) in the hopes of obtaining a common ground and a friendly hearing to the Catholic social doctrine and Catholic morals which are based upon the natural law. Similarly, we can quote Jefferson without necessarily adopting all his deist and anti-Christian prejudices.
abey
7 months ago
Who ever said 'Law is god", The law which came from God is "Leavened" to become god Clearly defined today, seen itself 'Standing" against the very basic Structure of the "Family". through convincing names like Liberty. The truth is that the law gets leavened for it knows not matters of the Spirit & against these leavens is come The Christ as the Grace, in the Mercy of God to the appointed time.
SaraPalen
7 months ago
that was a great explanation. We must learn our history. Read the works of these people he mentions. It is true. Remember your roots. Identify with your founders on their principles. Do not trade the "guilded, golden frame" for razor thin aluminum foil, easily crumpled and burned in the fire by the next generation undergoing an identiy crisis. Shall we die from lack of knowledge? It is not meant for only the lawyers and other "intelligencia" to know and love our rights.The law is meant for we the people. Concealing this law from the people is a heinous misprision; it is evil and hateful.

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