The Right to Life: The 'Something Back' of the U.S. Constitution
not the right to abortion, but rather the right to "Life"
It declares that governments are "instituted among men," not to secure the right to an abortion, but rather "to secure" the right to "Life."
It declares most fundamentally that we are subject to, and in fact derive the very basis of our government from, "the laws of nature and of nature's God."
For Lincoln, the Declaration of Independence contained within it the "something back" of our Constitution. It was the "word, 'fitly spoken,' which has proved an "apple of gold" to us."
The Constitution and the Union are a "picture of silver, subsequently framed around" the "apple of gold" of the Declaration.
"The picture was made, not to conceal, or destroy the apple; but to adorn, and preserve it. The picture was made for the apple--not the apple for the picture," said Lincoln.
What this means is that the Constitution is made, not to conceal or destroy the right to Life, but to adorn and preserve it.
That "something back" of the Constitution is a "culture of life," a culture of life that leads to a culture of liberty, that leads to a culture for the pursuit of happiness.
And that's why Roe v. Wade is a lie and is not part of our Constitution because it conceals and destroys the right to life, it does not adorn and preserve the right to life. It blurs and breaks the "golden apple."
Roe v. Wade is directly inimical to the Declaration of Independence's right to life.
I am unapologetic about it: It is simply un-American, unpatriotic to allow the slaughter under color of right of 1.5 million of the weakest Americans annually, and what is more, to call it part of our Constitution.
It's un-American, frankly it's downright criminal and immoral, to take what used to be felony crimes--mala in se--and make them Constitutional rights.
It is a political blasphemy.
What it does is to take the frame of silver and make it into a frame of pewter.
What it does is take the apple of gold and replace with pyrite, with fool's gold.
Roe v. Wade is directly set against the "something back" of the Constitution.
Now Lincoln gave us, that is all Americans who want to be true to their founding traditions, our marching orders: "So let us act," Lincoln said, "that neither picture or apple, shall ever be blurred, or broken."
Let us then act, so that neither the Constitution nor our Declaration be blurred or broken.
Let us act so that the right to life in our Constitution and in our Declaration is not blurred or broken, but is extended to all including those Americans who are most defenseless and most disenfranchised, those Americans who happen to be in the womb of their mothers.
Let us act to recapture the Constitution so that it is a frame of silver.
Let us act to recapture a political philosophy and a jurisprudence based upon the apple of gold.
That gold standard is a political philosophy based upon the natural law, the law of "Nature and Nature's God,"
Let us act to recapture this "something back" of our Constitution.
Liberal law professors and liberal justices have stolen both the silver frame and apple of gold from us.
Every one of our founding fathers was steeped in the "something back" of the Constitution, the natural law.
Every one of our founding fathers that was a lawyer had read Blackstone's Commentaries on the laws, who said: "Good and wise men, in all ages . . . have supposed, that the deity . . . has constituted an eternal and immutable law, which is, indispensably, obligatory upon all mankind, prior to any human institution whatever."
"This is what is called the law of nature, which, being coeval with mankind, and dictated by God himself, is, of course superior in obligation to any other. It is binding over all the globe, in all countries at all times. No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately or immediately, from this original."
This is the apple of gold.
Every one of our founding fathers was familiar with books about the natural law: books by Hooker, Grotius, Hutcheson, Pufendorf, Burlamaqui, Vattel. The fact that most of us, even lawyers, don't even know who Hooker, Grotius, Hutcheson, Pufendorf, Burlmaqui, and Vattel are shows how our law schools have failed us.
How can we understand the "something back" of the Constitution when we don't know the minds of our fathers?
Instead we read the liberal political philosophy of John Rawls or Richard Rorty in our law schools, a political philosophy where there is no such things as the "something back" of the Constitution.
Now, to teach our children, ourselves, and our judges about this "something back" of our Constitution is probably something beyond the political process. It is the work of inculturation, perhaps even evangelization, but not politics.
But what's not beyond the political process is to fix the frame, to make sure that it is not of pewter, but that it is once again of silver.
And the way to do that is to put in Supreme Court justices who are "strict constructionists," or "textualists," or "originalists." Men like Justice Scalia. Men like Justice Thomas.
For strict constructionists, textualists, or originalists, the Constitutional analysis regarding the right to abortion is easy. As Justice Antonin Scalia put it: the decision regarding abortion is, from the perspective of the U.S. Constitution, is "absolutely easy," a "no brainer."
Why is it a "no brainer"?
Why because of the first thing I said: the right to life is in our Constitution. There is no right to an abortion in our Constitution.
(This is an adaptation of a speech given at the American Freedom Rally in Corpus Christi, Texas.)
Andrew M. Greenwell is an attorney licensed to practice law in Texas, practicing in Corpus Christi, Texas. He is married with three children. He maintains a blog entirely devoted to the natural law called Lex Christianorum. You can contact Andrew at firstname.lastname@example.org.
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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.
Keywords: life, constitution, abortion, Lincoln
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