Does the U.S. Constitution grant Americans a right to life?
But on June 24, 2022, the world learned that five United State Supreme Court justices have fundamentally altered a woman’s right to make decisions about her body, including making her own healthcare decisions.
The Supreme Court has effectively relegated American women to second-class citizens.
Guns now have more rights than women.
A so-called “right to life” is not granted by the U.S. Constitution.
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A Miner Detail‘s editors aren’t attorneys (though someday, perhaps), and they haven’t memorized every word of the U.S. Constitution.
But lucky for people without eidetic memories, such documents are readily available online.
(A Miner Detail is a Maryland politics blog.)
The Right to Life In The U.S. Constitution Doesn’t Exist
Most national Republicans believe they understand the Constituion better than the average American.
Republicans don’t understand the Constitution any better than anybody else.
Maryland’s 2016 6th Congressional District Republican Debate
It was during a 2016 6th District Republican primary debate that congressional candidate Chris Mason claimed:
“The Constitution says that we have the right to life…the right to life…. it says life, liberty, and the pursuit of happiness.”
“That’s exactly what it says in the preamble to the Constitution,” Mason said.
You can watch the debate by clicking the link below.
To Mason’s right, Attorney Robin Ficker is the only attorney among the Republican congressional candidates.
Ficker nods in visible agreement with Mason’s right to life comments in the video.
Does the U.S. Constitution Grant Americans A Right To Life?
Again, the U.S. Constitution does not grant Americans the right to life.
The U.S. Constitution never even mentions the “right to life.”
The word “Life” is found but only once in the U.S. Consitution.
“The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”
A Miner Detail is confident that candidate Mason was not referencing Congress’ reserved right to sanction Americans to death if found guilty of treason.
The Preamble And The Right To Life
Shifting directions, let’s talk about the Preamble to the U.S. Constitution.
Here’s the exact text of the Constitution’s Preamble:
“We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
The Declaration of Independence
Candidate Mason may have misspoken.
Mason may have meant to reference the preamble to the Declaration of Independence.
Here’s a snippet of the Declaration of Independence’s preamble:
“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.”
Now, onto another “right to life” question.
Is the Declaration of Independence a legally binding document?
The Heritage Foundation answered this question.
“The first of the four organic laws of the United States, the Declaration may lack legal force but remains nonetheless the source of all legitimate political authority.”
If the Declaration of Independence was legally enforceable, why were some men treated unequally a hundred years later and beyond?
The Declaration of Independence, famously written by Thomas Jefferson, the third president of the United States, is a position paper that cannot be used for legal precedent.
In summary, the right to life does NOT exist in the U.S. Constitution.
Tell that to the five U.S. Supreme Court justices ready to strike down Roe V. Wade.
A Miner Detail is a Maryland politics blog featuring Maryland political news, political commentary, and opinion.