美国法律对人的定义是明晰的:
1、the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development
2、the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member......after such expulsion or extraction breathes or has a beating heart
所以,很清楚,胎儿并不是法律意义上的“人”,胎儿并没有受到法律保护的“人权”,胎儿在出生之前只能是母亲身体的一部分,和母亲一起受到法律的保护;同理,母亲有权处置自己身体的一部分,包括胎儿,这是母亲的基本人权,就和任何人有权处置自己的身体一部分以进行拯救自己或者他人生命的手术一样。所以,任何对妇女堕胎权的侵犯都是违法的。
"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."
呵呵,否极泰来。本来民主党中期选举失败的概率很大。高院这两个判决得罪美国多数人尤其女性有孩子的。美国70%以上支持严格的控枪法律。纽约公共场所持枪法存在108年了。宪法保障的持枪权是针对民兵而已,而且是几乎200多年前。现代都市人口密集,持枪杀伤力太大,多少孩子的生命。这是明显少数人的意志凌驾了多数人。堕胎更是。你信教喜欢生没人拦着,但你要管到别人肚子。23周以前堕胎合法受宪法保护50年了,强迫人生下来但共和党又反对增加给孩子的福利。也不在乎枪杀孩子。一个倒退落后的党。vote blue
偶偶地来一发 发表评论于 2022-06-25 08:38:18
@LRushBall 我把第十四修正案贴出来了。请告诉我哪里说到堕胎。
偶偶地来一发 发表评论于 2022-06-25 08:36:54
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.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article
1、the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development
2、the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member......after such expulsion or extraction breathes or has a beating heart
所以,很清楚,胎儿并不是法律意义上的“人”,胎儿并没有受到法律保护的“人权”,胎儿在出生之前只能是母亲身体的一部分,和母亲一起受到法律的保护;同理,母亲有权处置自己身体的一部分,包括胎儿,这是母亲的基本人权,就和任何人有权处置自己的身体一部分以进行拯救自己或者他人生命的手术一样。所以,任何对妇女堕胎权的侵犯都是违法的。
推翻罗诉韦德案,是否是倒退倒也未必,因为此案的判决结果虽然符合文明发展方向,但判决的理据存在较多争议,从法律的角度看,瑕疵不少。让法官们依据法律行事,突破法律更改法律的事情还是应该交给国会。