Is there a Right to Life in the current Constitution? The most common answer (and the answer I answered when Allan Parker of the Justice Foundation asked me) the people give is “Life, liberty and the pursuit of happiness”. However, this phrase is from the Declaration of Independence not the US Constitution. Yes, The Right to Life is in The Constitution explicitly, in writing twice:
•5th Amendment: “No person shall be deprived of LIFE. . . without the due process of law.” (This law binds the federal government) (1791)
•14th Amendment: “Nor shall any state deprive any person of LIFE . . . without due process of law; nor deny to any person the equal protection of the laws.” (This law binds state governments) (1868)
Currently six Justices of The Supreme Court believe in the doctrine of Original Intent or Originalism. Originalism correctly holds that applying the original meaning of the words is the duty of judges.
If you go back to the founding fathers like James Wilson you find quotes like this, “With consistency, beautiful and undeviating, human life, from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and in some cases, from every degree of danger. The law throws its shield around the person of every individual, from the highest to the lowest, and from the earliest to the latest period of existence.” John Witherspoon, Thomas Jefferson, and James Kent—our founding fathers all are quoted speaking similar to this. It’s time to appeal yet again to the Supreme Court. Let’s tell them, “There is a right to life in the US Constitution!”
Take a look at this presentation from the Justice Foundation to read more! Presentation: Finding the Right to LIFE in the US Constitution
