A HISTORY OF STATE PERSONHOOD AMENDMENTS
2005: Coming Full Circle Introduction
of the First State Personhood Amendment
RETURNING TO… a State Personhood Amendment!
Studies in the areas of early American history, the founding fathers, and our system of government reveal that our state governments have always been the primary sources of politically protecting our God-given rights, not the Federal Government. (What are God-given Rights?) The Pro-Life Movement’s Personhood Strategy through a Federal Personhood Amendment was on target but unfortunately impassable in Congress. The answer is a State Personhood Amendment. Up until 2005, one had never been introduced or tried in U.S. History. Legal studies show that it would have the same effect of overturning Roe v. Wade.
All previous legal and legislative challenges and strategies by the Pro-Life Movement were viewed in the courts as attempting to “TAKE AWAY” (“a negative”) from the rights of a woman. The recognition of unborn children as persons does not “TAKE AWAY” from the mother but “RECOGNIZES” unborn children (“a positive”) with all legal rights and standing as persons in all courts. Once a state recognizes unborn children in their constitution (not laws), all federal courts will be legally maneuvered to recognize unborn children as persons also, forcing the overturn of Roe v. Wade. In the oral arguments in Roe, both the abortion lawyer and the Supreme Court Justices clearly admitted that IF it was established that an unborn child is a person then they would not have a case.
Pro-Life Dave from Mississippi introduced the Ultimate Human Life Amendment (UHLA), the first State Personhood Amendment in U.S. History. The UHLA’s carefully constructed wording was designed to specifically overcome key issues the U.S. Supreme Court had in Roe v. Wade. (see How to Overturn Roe) Remember the Roe v. Wade decision was an issue that came up from the State of Texas and eventually led to the U.S. Supreme Court’s making abortion legal in all states. A State Personhood Amendment is the answer to ending abortion! AND one State’s Personhood Amendment just might be capable overturning Roe v. Wade and knocking it out in all states!
See More on: State Personhood Amendments.
NO State Personhood Amendment
has EVER been enacted yet…
Why a State Constitutional Amendment over a State Law?
First, have you ever heard someone fight for their “Legislative Right?” – or was it their “Constitutional Right?” There is a reason for that. We are talking about pure raw power! Only a constitutional amendment can properly protect the God-given Right to Life of unborn children. Congress and many legislatures have tried laws but to no success and even if it could they could just as easily repeal such laws at any time.
Secondly, any attempt to end abortion will meet a certain date with destiny in the Federal Courts and will be struck down if it’s not capable of overturning Roe v. Wade. Only ONE will survive! Either Roe will prevail or the Personhood Amendment will. Only a properly worded State Personhood Amendment has the pure raw power to accomplish the mission. A constitutional amendment has much, much more weight than any law could ever. It is even considered that weighty by Federal judges and Supreme Court Justices because it was enacted (voted on) by the will of the people. It is simply considered the highest form of political expression and highest form of protection of people’s rights. Establishing personhood for the unborn can only be realistically done through a State Personhood Amendment.
Why a State Personhood Amendment instead of a Federal one?
The big issue with state legislatures and Congress is that they are all very fragmented on Pro-Life. They cannot even agree on one Pro-Life view so agreeing on an amendment that would protect all unborn children is just not likely. There has been hundreds of Personhood Amendments (aka Human Life Amendments)introduced into Congress in the past 35 years but they have all gotten nowhere. This is one of those situations where the People have to take it into their hands, bypassing state legislatures and Congress, in order to protect the Right to Life of unborn children. Only some states allow a Constitutional Initiative that allow the People to amend their state constitution. This method has now become the primary vehicle for change.
Two Ways to add a State Personhood Amendment.
State Constitutional Amendments normally are introduced through one’s State Legislature. In some states a People’s Constitutional Initiative gives the People the right to add to or alter their constitution by introducing an amendment. This process normally goes through a petition phase to gather enough signatures of voters to put the amendment on a state-wide ballot vote. Both the legislative route and the People’s Initiative have to be approved by the voters in a state-wide election, then and only then would an amendment become a part of the state constitution. The People’s Initiative is a preferred method over state legislatures because it goes directly to the people at a grassroots level bypassing an often, very divisive political landscape within a state legislature. In other words, it’s darn hard to get a state legislature to agree on anything!