Wednesday, April 06, 2016

Ted Cruz has a rather unique position on abortion. He deprives a woman the right to choice under the 14th Amendment.

Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The only way the 14th Amendment is held against a woman's right to her own body (a woman's body includes the uterus, lord knows a man doesn't deny she has a vagina) is if the fetus is viewed as a naturalized citizen.

Roe v Wade was decided on the 14th Amendment. A fetus is not an American with rights until it is a baby and born to the USA. The woman has a right to determine her chosen path in life. The entire idea a fetus has constitutional rights is absurd and it should never be consider so.

This is an amendment to the US Constitution. No matter what the legislature does it doesn't change the fact this amendment is very clear about defining citizenship for the USA and it's territories. There is no doubt a woman has a right to have an abortion.

The relationship between a woman and her physician is where the right exists. There can be no mistake or misinterpretation in that. The idea an Amendment can be altered by a legislature is a lie.

Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Section 5 of the 14th Amendment upholds Section 1 and does not destroy it. It states CLEARLY it enforces the Amendment by appropriate legislation. There is no way Section 1 changes. Besides this Amendment there are majority aspects of law that an American has a right to his or HER body. Removing control over pregnancy by stating a woman will never have a right to control her own path in life is not anywhere else in law, except, in politically driven corruption.

This Amendment being the supporting law for Roe v Wade recognizes the woman as a whole human being. Women will always seek control over pregnancy and the end of it. It is a human quality that is innate to her. She will seek the best care for her anticipated infant or she will seek the end of the pregnancy if a burden to her economic stability.

If the woman has other children, those children will take priority to the DECISION of giving birth. For those that practice their religion strictly and insist she has an obligation to giving birth is also not deprive her of that decision. There is no aspect of any constitutional law in the USA that takes away control over their body.

Prison takes control over an Americans' behavior and effect to society. That is not control over their bodies. The only place where an American's life is under control is in military practice. The military has no right to kill Americans, but, in defense of their country the military has the right to order behavior. The right of the military still does not remove the right to decide about a pregnancy. That is still reserved to the woman.

In recognizing the citizenship of the woman the country has an obligation to protect her life as well as the lives of all Americans. Protecting the borders is not the only protection the US Constitution conveys onto citizens. The protection of a woman's life includes her decision making regarding her path in life.

That is the law. A woman will always have a right to choice in pregnancy to term.

A woman's doctor needs her explicit permission to conduct any procedure regarding her expectant pregnancy. Everywhere in American life is the individual decision making, including medication ordered for an American's health. They don't have to take medication and an American can decide about their own death if terminally ill. The individual is where decisions lie when it comes to the body.


GEORGE: Ted, the Fourteenth Amendment says that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Now, the amendment in its fifth section includes a provision that delegates to the Congress the power, and I quote, to enforce by appropriate legislation the provisions of this article.

CRUZ: Yep.

GEORGE: Now, do you believe that unborn babies are persons within the meaning of the Equal Protection Clause of the Fourteenth Amendment, and if so will you call on Congress to use its authority under the Fourteenth Amendment, pursuant to Section 5, to protect the unborn? Or do you take the view, as some do, that we can’t do that until Roe v. Wade is overturned, either by the court itself or by constitutional amendment? Where do you stand on that?

CRUZ: Listen, absolutely yes. I think the first obligation of everyone in public office is to protect life. Life is foundational. In fact, as you look at the Declaration, that ordering of unalienable rights, life, liberty, and the pursuit of happiness, I think it’s a very deliberate ordering. Without life there is no liberty, and without liberty there is no pursuit of happiness. That each builds upon the other, and I very much agree with the Pope’s longstanding, and prior popes before him, longstanding call to protect every human life from the moment of conception to the moment of natural death.


Ted Cruz is not a good practitioner of the law. He places his politics into an amendment that defines citizenship. Redefining citizenship to the purpose of political victories is not even a good idea.

Ted Cruz crosses over to the melding of religion and government in stating he backs the Pope to the point of altering the recognition of the entire person. If that were good practice the word of law of the USA dissolves on the very basis the human being is a total person. When someone commits murder it is the entire person and the behavior against the life of another that imprisons them. The idea a person can be divided when it comes to a capacity of her uterus removes a foundational building block of our democracy. There is no way Ted Cruz has the best interest of the USA Constitution in his priorities.

The USA Constitution recognizes the entire person and not pieces of them.