...no thanks to the slaveholding wing of the Supreme Court, my hopes were never brighter than now. I have no fear that the National Conscience will be put to sleep by such an open, glaring, and scandalous tissue of lies as that decision is, and has been, over and over, shown to be.He had earlier talked about the Supreme Court's attempt to settle the debate of slavery in the National Conscience, and indeed, even president Buchanan influenced the court for political purposes, to settle the question once and for all. Except that, of course, it did not. Douglass understood that the rulings of seven old men in robes couldn't turn the tide of the National Conscience that was continually waking, nor could it alter the will of God Almighty, to see men set free. He continued,
The Supreme Court of the United States is not the only power in this world. It is very great, but the Supreme Court of the Almighty is greater. [The Chief Justice] can do many things, but he cannot perform impossibilities. ... He may decide, and decide again; but he cannot reverse the decision of the Most High [emphasis added]. He cannot change the essential nature of things — making evil good, and good evil. Happily for the whole human family, their rights have been defined, declared, and decided in a court higher than the Supreme Court.
They cannot change the essential nature of things, but my, how they try.
I ask, then, any man to read the Constitution, and tell me where, if he can, in what particular that instrument affords the slightest sanction of slavery? Where will he find a guarantee for slavery? Will he find it in the declaration that no person shall be deprived of life, liberty, or property, without due process of law? Will he find it in the declaration that the Constitution was established to secure the blessing of liberty? Will he find it in the right of the people to be secure in their persons and papers, and houses, and effects? Will he find it in the clause prohibiting the enactment by any State of a bill of attainder?
And the same can be said of abortion. Where in our venerable document can it be shown that life may be taken from any of the People without due process of law? And where in the law is mere existence to be punished by death, or where is it that to secure the blessings of liberty, one must be allowed to kill a fellow human being for the sake of convenience? A plain reading of the thing will speak only in opposition to abortion. Frederick continues,
How is the constitutionality of slavery made out, or attempted to be made out? First, by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by disregarding the plain and common sense reading of the instrument itself; by showing that the Constitution does not mean what it says, and says what it does not mean, by assuming that the written Constitution is to be interpreted in the light of a secret and unwritten understanding of its framers, which understanding is declared to be in favor of slavery. It is in this mean, contemptible, underhand method that the Constitution is pressed into the service of slavery.
There are justices on the Court today that cannot even interpret the plain language of the law passed sixty years ago, let alone interpret the Constitution according to the meaning of the words as written.
It is thus apparent that at common law, at the time of the adoption of our Constitution, and throughout the major portion of the 19th century, abortion was viewed with less disfavor than under most American statutes currently in effect.And yet our forefathers wrote the Constitution for life and liberty, for ourselves, and our posterity. The very words of the document screams against abortion, and the majority opinion attempted to justify abortion by claiming that common law, at the time of the adoption of our Constitution, wasn't too much against abortion. Note how this has nothing to do with the Constitution itself. Another justice in another case wrote regarding another "lesser" life,
They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute; and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion.
If indeed we are to take the common feeling of the day as justification for evil, you have here an excellent mouthpiece. The Roe opinion later states,
This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.
For whatever burden a child brings to the life of a mother, abortion truly is extracting "the pound of flesh," and the spilling of a great amount of blood. Douglass writes on the purposes of law,
[Rules for interpreting the law in harmony with the true idea and object of law and liberty] [t]hey rise out of the very elements of law. It is to protect human rights, and promote human welfare. Law is in its nature opposed to wrong, and must everywhere be presumed to be in favor of the right. The pound of flesh, but not one drop of blood, is a sound rule of legal interpretation. Besides there is another rule of law as well of common sense, which requires us to look to the ends for which a law is made, and to construe its details in harmony with the ends sought.
What you will notice is a complete lack of concern for the psychological well-being of women who've committed abortion and have become depressed and suicidal. You'll notice too, a lip-service concern for "all concerned, associated with the unwanted child" when concern for the child himself is completely absent. Were all the couples unable to conceive looking to adopt a child asked whether this child might be unwanted? Of course, this is a hypothetical child - a truly hypothetical child, which we have only conceived in our minds. But these judges (and the plaintiffs) would have you believe that the child in a woman's womb is also hypothetical. The words "potential" or "potentiality" with regards to life in the womb appear at least ten times throughout the opinion. In fact, the judges in Roe state,
In short, the unborn have never been recognized in the law as persons in the whole sense.
In fact, our other "mystery" justice had a similar opinion,
The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United 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.
God bless you and yours on this blessed 4th of July weekend.
-gcm