A South Carolina senate panel voted in favor of a personhood bill last week, sending the measure to the state Senate on a 15-9 vote.
The bill recognizes preborn babies as human beings starting at the moment of fertilization and would confer onto them “the constitutional right to due process of law and equal protection under the law,” as outlined in the South Carolina constitution. If passed, the law would effectively ban abortions in the state of South Carolina.
Right now, only two states have personhood laws, Missouri and Kansas.
From Live Action: “We are trying to challenge the Supreme Court on their fundamental error that a human being is not a person,” State Senator Richard J. Cash said, told The State. “A human being is a person.”
Gov. Henry McMaster indicated his support for the bill.
In a statement, McMaster applauded the measure, noting that the state “must do everything” to protect the lives of “the born and unborn, young and old.”
“I believe that human life begins at conception, and I believe the people of South Carolina deserve for their laws to reflect the values they hold dear,” McMaster said. “I applaud the Senate Judiciary Committee’s decision to move this important legislation forward and ask that the Senate pass it without delay.”
The legislation is widely seen as a potential challenge for Roe v. Wade, as Personhood South Carolinaoutlined:
The personhood movement has its origins in the 1973 Roe v. Wade decision, the very Supreme Court case which struck down state statutes on abortion. When the state of Texas was presenting its case, it argued that a fetus was a person within the language and meaning of the 14th amendment, and therefore protected.
In writing his opinion, Justice Blackmun claimed he could find no basis for such status. He noted, however, that “If this suggestion of personhood is established, the appellant’s case [Roe’s case], of course, collapses, for the fetus’ right to life would then be protected.”
The Constitution does not give the U.S. Supreme Court the power to create laws. You can read the Constitution, hold it up to the light, upside down, and pour lemon juice on it, and you’re not going to find that power in there.
Abortion was never a federal issue. It is a states rights issue, because the 10th Amendment says so.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
These words mean that the Constitution gives the federal government specifically enumerated (which means numbered or listed) powers, and any other powers not actually listed in the Constitution are powers owned by the states. Yes, even things not yet thought of.
If the federal government wants to take control of a power that is not listed in the Constitution as an enumerated federal power it must ask the states for permission to do so. The federal government can’t just take control of any powers it wants, though that’s exactly what it does today, so when you think about it, every bill that is passed by the Congress that the Congress does not have the power to do so from the Constitution of an Amendment, is unconstitutional.
The federal government asks the states for a new power in the form of an Amendment to the Constitution. Outside of a power listed in the Constitution or a ratified Amendment to the Constitution, the federal government DOES NOT HAVE THE POWER IT SEEKS. And no court can grant a new power to the federal government.
Therefore, states have the power to regulate abortion in their states and the federal government Constitutionally has no say in the matter.
The argument will still be made by the Politically Correct Death Squad that the fetus is not a person until born. With modern-day medicine that argument no longer holds water. We now know that a human sperm cell mixes with a human ovum cell and forms a zygote, which eventually turns into a fetus. At no point in time is it not human, therefore, it is a person. The only thing needed for a zygote to become a full-grown adult is nourishment and time.