Tag Archives: abortion

Racism, Abortion and the Constitution

To add to the conversation from my last post, I mentioned that my buddy Dwayne had problems with States Rights because of racism. Dwayne mentioned that there were a few individual states calling to keep people segregated. For an example we had the infamous Jim Crow Laws where blacks and whites, were not allowed to marry or drink at the same fountains, sit at the front of a bus or move or get off the bus if there was no room for whites, etc. Thus, there are some problems with States Rights or so many on the left think.

Such laws are not only foreign to our way of thinking and behaving (legally) today, but the question needs to be asked how we got from there to where we are now. Why is the state (on the federal level) allowed to say, no to slavery but not to abortion? The answer to that is in the founding document, “The Declaration of Independence.” In there it says:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The basis of the US Constitution is found in this document and this portion of that document. It is one of the reasons, that some on the right say leaving abortion to the states is a half-way measure. It doesn’t fulfill that portion of the document. Why, if the unborn are full persons, don’t they have these inalienable equal rights?

The problem of saying that blacks were not created equal (as other human beings, namely white) was based on the arbitrariness of skin colour. So that had to change and eventually did via the US Civil War. Again, to say that blacks are not human and to keep them enslaved via state rights is so unpopular today to be as unthinkable as making state laws against people driving cars or telling people what toppings they can put on their pizza for dinner tonight. (In a sense we DO tell people what to put and not put on their pizza’s, like, for example, bleach, but we don’t make laws covering every contingency. Even bleach is covered under personal harm to another or murder laws).

In relation to abortion, both concern humanization and dehumanization and how it intertwines with state and federal law. In some philosophical/metaphysical respects, they overlap, (personhood/humanness) in others they don’t.

In the case of abortion, the thing in question is (going back to what was asked above in the second paragraph):

  • Is the state, in this case the federal government, allowed to make a sweeping law for dehumanization and thus death? Or should that be left to the individual states?

In the case of slavery and blacks, the thing in question is:

  • Is the state, in this case the federal government, allowed to make a sweeping law declaring dehumanization on all blacks so as to enslave them or should/can that be left to the individual states?

This is essentially what my buddy Dwayne was asking. Why is it left to individual states to declare who is a person in one case but not in the other? The answer goes back to the Declaration of Independence where all men are created equal. In the case of slavery and blacks, they are humans persons created equally as other human persons.

In the case of abortion, the question would, it seems, hinge on whether the Founders INTENDED the unborn to be INCLUDED in the statement of them being created equal (as the already living) and having inalienable rights (as the already living).

If one wants to argue that the “spirit” of the Declaration of Independence should include the unborn, and thus be reflected in a sweeping law in which all states CANNOT have abortions, then all I can say is, GOOD. LUCK. WITH. THAT! Hence, the reason that abortion is and should be left to the individual states and not the question of blacks and slavery. If one really sought to make the unborn as a part of the spirit of the Declaration of Independence then the next level battle would have to be Amendments to the US Constitution of which I really don’t see that happening. Most of the population today would not allow for a federal law or state law declaring other already living human beings non-persons based on the Declaration of Independence, the 14th Amendment and a Civil War. It would be hard to make that shift with regard to abortion through the process of amendments to the US Constitution and I doubt pro-lifers are going to start a war over it. Thus, the question should be left up to the individual states.

Some Initial Thoughts on Charles Camosy’s Book on Abortion

Reading Charles Camosy’s book: “Beyond Abortion Wars: A way forward for a new generation.” Chapter one is statistically interesting. And I like it. Chapter 2 which I’m almost finished reading isn’t as appealing. Some old arguments there. Kneeft used them WAY back in the day. Talking 80’s. Basing arguments on natural law theory and a proper definition of “potential.” Ultimately, it seems as if Camosy’s is attempting to speak to a secular audience so he uses natural law arguments (self-evident rationalization?) over “religious”/philosophical arguments. My problem with this is that you HAVE TO come back to the question of personhood which is a religiously/philosophically based question. You can’t escape this. I really don’t do well with attempting to answer these kinds of questions without reference to religious/philosophical assumptions at their base level.

Let me give an example. Camosy wants to say that attempts to locate personhood is a grey area. The reason for this is similar to that time between day and night. We call that “dusk” but it isn’t fully day nor fully night. Neither is it less than day nor less than night. So which is it? For Camosy, personhood is murky water. However, on religious grounds,  going back as far as the Old Testament, according to some scholars, personhood begins at embodiment. And that’s it. We don’t have to go any farther back than that. We don’t have to ask about personhood with regard or reference to this “in-between” stage. Wherever you see HUMAN embodiment you see a person. You have a psychosomatic whole.

According to J.P.Moreland, in his book, “Body and Soul: Human Nature and the Crisis of Ethics,”the soul or spirit can live without the body, but the body cannot live without the soul. This is called “substance dualism.” Personally, I don’t have any problems with this as it regards this question of personhood and the further ramifications for the abortion question (however, let’s keep in mind this is but a portion of the religious argument). The point being the concept of “psychosomatic whole”–this side of the coin of things. Not talking about whether we have to accept all the ramifications of substance dualism, but merely whether the body can exist on its own. So the question becomes, “When does embodiment occur?” That’s all we need to know. And when is that? The earliest point is conception according to these religious philosophers. If this is the case, then Camosy might want to ask if conception is a “moment” or a “process?” Is there a time/point the fertilized egg is in process of being embodied or is it a moment in time? It seems to me though, that whether it is a moment or a process, one cannot have embodiment until said event has occurred but said event (embodiment) begins at conception.

The Problem of Single Issue Voting

My online buddy, Derek Rishmawy has an interesting post on single issue voting in the context of abortion that you can read here.

I like how he puts the issue within historical context ie., nobody ever complained when MLK marched against racism and racism only, or women’s rights or ecological rights for the environment. I also liked how he was sensitive not to make general statements about individual cases though the fact remains that one cannot simply believe that there is not some level of “convenience” that is the reason behind so many abortions per year in the U.S. and the total amount of abortions overall since Roe vs Wade. I know this doesn’t sit well with many folks because for them it’s obvious that abortion is a very heart-wrenching, personal matter. But let’s face it–1.2 **MILLION** abortions a year are due to very heart-wrenching painful decisions? Well, not really. Not when the reason is say, standing in the way of future career goals or when we have a culture whose first response to a crisis pregnancy is not one of life but death. Regardless, this post is not about abortion per se, but rather about single issue voting.

As much as I liked the comparisons between each of the single issues that Rishmawy brings up, I still think it fails but not for the reason he gives. On his reasoning, one could still end up voting or concentrating on single issues which I think are not good from a philosophically political stance. After all, what if you get a candidate in office who may believe in life here on the one hand, but votes or passes laws that undermine that very life you are trying to save over there on the other hand? What if he/she votes for laws that weaken the family such that it causes a woman to not want to keep her child? This is the problem of single issue voting as I see it. Whenever we vote for someone, we need to keep in mind questions about the overall competency of the candidate, soundness of mind, voting record on this or that issue, etc. In doing this, I’m not saying that other issues would not be important and life issues wouldn’t be “up there” in terms of priorities, but there can be contradictions if we are not careful to weigh EVERYTHING.