Letter Writer Phil Chapman: Killing a New Born: Murder?

According to Federal Law, it appears a new born baby has a right to life. The foundation for a ‘new borns' right to, life’ is laid in the Declaration of Independence and later affirmed in the Fifth and Fourteenth Amendments to the Constitution. Constitutional law, stipulates no state can abrogate a citizen’s right to life. Killing a child after birth may be seen as murder.

The Declaration of Independence states; “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….That to secure these rights governments are instituted among men.” It remains the government’s purpose to secure and preserve citizens’ lives.

From the beginning of our nation all citizens enjoyed a ‘natural right' to life. The Fifth Amendment, enshrined in the ‘Bill of Rights’, strongly echoes the Declaration’s intent. It reads; “no person can be deprived of life….without due process of law”. Hence, we pause and ask; is a 'new born' a person? If so, is a new born also a citizen of the United States?

The Fourteenth Amendment to the Constitution provides clear legal answers. It reads; “all persons born in the United States, are subject to the jurisdiction thereof, and are citizens of the United States.” Clearly, ‘a new born’ is both a person and a citizen of the United States.

One might then ask; can a state allow a mother and medical team to consult and then kill a new born? The Fourteenth Amendment provides a clear answer. It reads; ‘No state shall make or abridge the privileges and immunities of citizens of the United States.’ This phrase indicates the new born has immunities and privileges which come with citizenship which include a ‘natural right to life’. The Fourteenth Amendment continues; “nor shall any state deprive any person of life….without due process of law.” If my understanding of the amendments is correct, it is clear as surgical scissors in a doctor’s hand poised to rip a baby’s spine, that that ‘new born’ enjoys a right to ‘due process of law’ and an ‘immunity’ against killing that comes with American citizenship no mother and medical team may disregard.

If the state intends to take the child’s life through due process, then please tell me: what crime warranting the ‘death penalty’ did the baby commit?

Respectfully,

Phil Chapman

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