(05-21-2019 05:08 PM)Hambone10 Wrote: (05-21-2019 08:45 AM)tanqtonic Wrote: (05-20-2019 06:37 PM)Hambone10 Wrote: (05-20-2019 04:15 PM)tanqtonic Wrote: (05-20-2019 12:20 PM)umbluegray Wrote: Does not the charge of homicide applied to a suspect for the killing on an unborn child confer a legal bases to some degree?
The law in Austin makes it illegal to kill a tree (without a permit) whose trunk is over 36 inches in diameter. Does the live oak in my backyard have a 'right to life'?
I think that the 'rights' we are talking about with respect to the Constitution go beyond what individual jurisdictions define in their criminal code or in their administrative code.
But, good question.
Now the question actually asked is does that designation 'confer a legal basis' to that unborn child. Sure it does, but limited solely to the extent of the state or local law in question. And those vary greatly.
For example, in Queens New York earlier this year some creep stabbed his pregnant girlfriend and killed her -- also killing the viable infant she was carrying. The Queens DA did not bring any charges against the creep for the viable infant. They noted that under the new NY law that was enacted, the act of harming or destroying that life (and yes, I very much agree a viable fetus is 'alive') cannot be charged.
So, under the jurisdiction of New York, there plainly is no basis in your question.
In the Rice political sub-board on this site there is a *huge* discussion on the New York law as it stands.
But the crime is not MURDER.
IIRC, in most states.... (36 stands out in my mind but I could be way off) killing a pregnant woman is double murder... as opposed to murder of the mom and then some other charge. It doesn't surprise me that NY (or CA or a few others) would go another way.
But it still does not impact the issue of 'rights' under the Constitution.
Agreed
I think that was an earlier test of RvW. If it's murder to kill the unborn and NOT murder to kill a tree, then the unborn is clearly not 'a clump of cells'... and if it's double murder to kill a mom and fetus, then clearly the fetus is a separate legal entity with the right to not be killed.... If that weren't the situation, it wouldn't be double murder. It's not double murder to kill someone and take their kidneys... or murder them and steal their car.
the courts seemingly bypassed a decision here, which is I suspect again why the Alabama law contains no exceptions to allow them to wiggle out of such a distinction.
A state can define a 'murder' however the fk they want to.
The problem is that you are know implicating rights under some state's laws (which a state feels the need to do) to an overarching Federal right. What you dont understand is that rights under Consitution are looked at as a 'floor' -- a level under which no government can delineate.
But, a state (any state) can define for their own purposes for the residents of that state what is to be afforded that is *greater* than the floor the Constitution allows.
But one cannot ad nauseum point to state treatment of an issue and blindly declare that an overarching 'right' (in the legal sense) exists in all cases and to everything in the United States (which is what you are seemingly trying to do here).
For example, in Texas I am accorded a far wider 'right of free speech' than that delineated under the Federal system. But, my wider right of free speech in Texas isnt transitive -- that wider right doesnt exist to the Federal viewpoint (which is a 'cant be worse than this' standard), nor is it applicable in the slightest to any other jurisdiction.
But you are seemingly not just mixing and matching jurisdictional definitions, you also engage in mixing and matching moralistic definitions of the term 'rights' in your analysis.
For all that you say that a zygote (the proverbial clump of cells) has 'rights' (legally you are dead wrong in a Constitutional sense), I personally dont draw the line at that distinction. I dont have the moralistic outrage such that as expressed here at an individual taking RU-86 at the 'clump of cells' stage.
You want to call that clump a 'human' and get indignant over it --- knock yourself out.
Your choice and you have every right to indulge yourself in that choice. As time passes and that collection has the ability to be viable, then I would tend to agree with you.
But, if the definition of a 'clump of cells' is 'human', then why arent the pro-lifers charging headfirst into an attack on the *entire* in vitro industry, where, in there viewpoint, effectively the entire murderous regime of Stalin *and* Hitler combined is wiped out each and every year with the disposal of what happens in those culture dishes?
To be blunt, the treatment of IVF clinics in isolation really utterly debunks the idea that the states afford 'rights' to such. I mean, even in states that have 'unborn child' laws, there have been *zero* prosecutions of *any* IVF clinic that destroy such 'babies' by the proverbial metric ton. Kind of either makes such laws 'nonsense' or the states themselves the biggest hypocrites possible when one thinks of that industry and what you say the laws suggest.