Does the U.S. Constitution Guarantee A Right To Life?

The U.S. Constitution doesn't grant someone the right to life.Constitution of America, We the People.

Does the U.S. Constitution grant Americans a right to life?

No.

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 Details 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.

Lawyers.

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.

Where?

Article III, Section 3, Clause 2:

“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.

Eric Beasley Administrator

Eric is a former officer in the Republican Club of Frederick County and Frederick County Republican Central Committee between 2015 and 2018. Former guest host on WFMD and showrunner on WTHU. Avid gardener and food preserver. Graduated from Libertarianism to Anarchism as the corruption level in the state requires us to start over from scratch. 

About the Author

Eric Beasley
After a year fighting bears and chopping wood in the forest, a Cancer has emerged in Frederick County. The only way to kill Cancer is with fire, and casting a ballot.

12 Comments on "Does the U.S. Constitution Guarantee A Right To Life?"

  1. Hmm. You must not have ever read the 5th and 14th amendments

  2. Gale Langley | November 14, 2020 at 3:36 am |

    What about this from the 14th amendment. While it was not part of our original constitution, doesn’t it now apply? ” 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.”

  3. Steve Canon | May 3, 2022 at 9:02 pm |

    The right to abortion is also NOT in the constitution, tell that to all the liberals infesting congress.

  4. Bill Jefferys | May 5, 2022 at 11:46 am |

    Indeed, the 5th and 14th Amendments do mention the word ‘life’.

    But neither of these guarantees a “right to life”. The 14th Amendment does say that a State cannot deprive any person of life (and other things) WITHOUT DUE PROCESS OF LAW. But that is not a guarantee of a “right to life”. The 5th Amendment has basically similar language.

  5. Tina Whittenburg | May 11, 2022 at 5:10 am |

    You all are trying to take when rights away,We as women should maintain the legal rights to make decisions about our own body.You are taking that right away just to accommodate another woman/women who cannot conceive.That is not fair to our body nor mental state.Who gives you the Right to make that choice about another individual body!!

  6. Tina Whittenburg | May 11, 2022 at 5:14 am |

    How dare they take Our rights to make decisions about our own bodies..

  7. Partial birth abortion is certainly a violation of the 14th ammendment. It’s infanticide.

    The abortion debate is about two things:
    1. When the right to life begins.
    2. States rights.

    All other arguments are staw man arguments.

    Whether it begins at conception, quickening, or at birth is entirely up to the states. The constitution doesn’t give the central government the power to impose abortion laws upon communities, and this reversal is only moving that power back to the states.

    Furthermore, the socialists have a very difficult time accepting individual responsibility. This is apparent across their philosophical views, including banning people from making certain investments (warren and bitcoin), and controlling their risks in other ways such as force vaccination.

    If you get knocked up, and then in the eight month of pregnancy decide to get an abortion, after realizing that xyz guy isn’t that interested in a long term committment, then that is your problem, not the fetus’s problem.

    If you are unable to control your lust before engaging in a serious relationship, then I recommmend a condom! If you cannot get an abortion within three months, which is the law in Texas, and indidentally most of socialist Europe, then you are mentally sick person. It’s not something to be proud of.

  8. John Wilkins | May 19, 2022 at 2:45 am |

    So where is the right to privacy in the constitution that serves as the basis for Roe?

  9. Anonymous | May 22, 2022 at 11:19 pm |

    The 14th amendment states

    “…nor shall any state deprive any person of life, liberty, or property, WITHOUT DUE PROCESS OF LAW;”

    So what is the due process of law that allows a woman to deny life to the baby in her womb? “My body, my choice” is not due process of law. According to science a human embryo, created when sperm and egg join is a human life.

  10. The 14th amendment states

    “…nor shall any state deprive any person of life, liberty, or property, WITHOUT DUE PROCESS OF LAW;”

    So what is the due process of law that allows a woman to deny life to the baby in her womb? “My body, my choice” is not due process of law. According to science a human embryo, created when sperm and egg join is a human life.

  11. Bill Evans | May 25, 2022 at 11:56 am |

    5th Amendment:
    “No person shall…be deprived of life…without due process of law…”

  12. Michael John | June 4, 2022 at 11:10 pm |

    Life, liberty and pursuit of happiness is there in the preamble. One of the most profound and succinct statements anywhere. In-fact most of the world agrees on life and pursuit of happiness.

    Most of the world believes that you have a right to live. And this right is self evident, so it does not matter what the amendments say.

    This article was written as a response to abortion-control bill.

    However supporters of abortion-control bills should also think about gun-control bills, and how access to guns deprives unrelated / random people their self evident right to life.

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