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The Drafting of the

Commentary by its author,
David Rogers
This document contains a sentence-by-sentence commentary on the background
and construction of the Ultimate Human Life Amendment (UHLA).
This is provided to answer many common questions and to be a
resource for other states in drafting of their own Ultimate
Human Life Amendment.
The Mississippi version of the Ultimate Human Life Amendment was drafted by David Rogers with the consultation of
a handful of select scholars with expertise in Science, American
Government & History, and Constitutional Law. The UHLA
drew upon wording from a series of the most popular proposed
Human Life Amendments in Congress. Research and drafting
of the UHLA began in November 2004 and was first filed
officially on November 1, 2005.
To appreciate the selection
of some words in the Mississippi UHLA that may appear odd, like
"shall" and small "s" in state you need to read the Mississippi
Constitution since the UHLA had to match its style and format.
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UHLA Paragraph
1, Sentence 1:
We hold these truths to be self-evident, that all
persons are created equal, that they are endowed by
their Creator with certain inalienable Rights, that
among these are the Right to Life, that is, the Right to
not have ones life taken from them.
DAVID ROGERS' COMMENTARY:
Achieved Goal # 1:
Recognition of God and
that our rights come from God.
What better place to start than with America's great
Declaration of Independence. "Self-Evident" truths
are those which all men know in their heart to be true.
Among
these are the Right to Life, Liberty, and the Pursuit of
Happiness.
All too often you will find the landscape of
American politics today painted in perverted twisted shapes
similar to some types of modern art. The
images that are often presented show a warped form of reality
and show no real resemblance to fundamental principles
of liberty. They promote fake issues and motivate people
to take a stand on and pursue rabbit holes of
logic that lead to nowhere but a dead-end. The
landscape of modern American politics tends to distract
from, not represent or argue from the fundamental
principles of American liberty.
So in designing the initial wording, my hope was to
firmly establish and to point readers back to a main
document in American Liberty that promotes the founding
fathers' ideals of a God-given of
the Right to Life for all.
The only modifications here were to
change the word "man" to "person" and "unalienable" to
"inalienable" (which is grammatically correct) and then
dropping "liberty, and the pursuit of happiness" to
further expound on and detail the Right to Life.
One main concern that arose after the
initial draft was that the term "Right to Life" might be
twisted by lawyers and courts to include a right to have
the State pay for health care or some other right. To
resolve and to clarify this the following wording was included
to define the Right to Life, "that
is, the Right to not have ones life taken from them."
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UHLA Paragraph
1, Sentence 2:
Therefore, the
government of the state of Mississippi shall recognize
and defend the God-given Right to Life of all persons
equally in accordance with Section 14 of the State
Constitution of 1890.
DAVID ROGERS' COMMENTARY:
Achieved Goal # 2:
Connecting Personhood to
the State's Due Process Clause.
Achieved Goal # 3:
Mandate the State
Government implement Equal Enforcement.
"Therefore"
takes the entire last sentence and announces the main point.
Next, "the
government of the state of Mississippi shall"
means all parts: legislature, courts, sheriff, county,
city, governor, etc -- everyone in any type of
government position within the state of Mississippi.
Next, "shall
recognize" means
in all
their actions they must legally
respect the Right to Life of all persons. Next,
"and
defend" means that
the government must proactively defend the Right to Life.
The main venue being through the state legislature who
writes the laws and
district attorneys who prosecute. Next, "the
God-given Right to Life"
is another recognition that our rights are endowed to us
from God and not from any man or government.
EQUAL ENFORCEMENT
Next, "of
all persons equally" -
THIS IS BIG! - This will force the State of
Mississippi to prosecute murder of unborn children using
the same murder laws for born persons. The U.S.
Supreme Court had a major issue in Roe v. Wade with the
state of Texas walk not matching their talk.
Several Supreme Court Justices asked this question: "If
an unborn child is a person then why didn't Texas
prosecute abortion as murder under existing state murder
laws?" Even though the attorney for Texas said
the state believed and even though he argued that life began at
conception and that full protection and personhood
should begin at conception -- the state's own limited
anti-abortion laws (allowing abortion under some conditions)
and also the fact that they did not use standard murder
laws to prosecute abortion... all added up to
proving to the U.S. Supreme Court that the state of
Texas really did not believe an unborn child was
a person.
So the key to overturning Roe v.
Wade is not just the legal recognition of unborn
children as persons but that the state acts in
prosecuting abortions as murder in the same manner of a born
person. Also that the state does not allow any
circumstances under which an abortion can take place,
except to save the life of the mother.
CRITICAL FLAW DISCOVERED.
A main reason why we have
abortion today.
Either
ALL abortion is wrong or
ALL
abortion is right.
There can be no middle ground,
ethically, technically or legally. Any compromise
of the absolute position of not allowing abortion under
any circumstances will only prove the position that
unborn children are not human beings and open up
abortion for any reason at any time until birth.
If a state allows abortion for any
circumstance other than to
save the life of the mother, which gets in to weighing
equally between the two persons, then the state proves
the position that an unborn child is not human and does
not have rights and can be killed at any stage of
pregnancy, for any reason, and by any means.
In addition for the need of a state
to take an
absolute position in their laws and constitution, if a
state does not act or prosecute abortion as
murder, except when saving
the life of the mother, then that state is also proving
the position by
their actions that they do not consider an unborn child
to be a human being and a legal person. So a
state's walk must follow their talk.
One of the main reasons why we have
abortion legalized through the courts today is that the
state of Texas, and most states of that day, did not take an absolute position on
abortion in the 1970s thus leading up to the decision in
Roe v. Wade.
Think about this. If a state
does not prosecute for the murder of a black man, or a
disabled person, then what they are saying is that they
are not people or they are 'less than human'.
One of the most heart wrenching
arguments for compromise on abortion is that one should
at least allow for the rare cases of rape or incest.
Not to diminish the impact to these women's lives, but
if ANY circumstance is allowed then ALL abortion must be
legal. One question remains concerning this:
Should a child be killed for the crime of their father?
Obviously the answer is 'no'.
DUE PROCESS,
DEATH PENALTY
The Initiative Process cannot change
the existing provisions of our state Bill of Rights,
which Section 14 is a part of, hence the use of the
wording: "in
accordance with Section 14 of the State Constitution of
1890." Section 14
does provides for the death penalty as a part of 'due
process' and reads:
Section 14. Due
process.
"No person shall be deprived of life, liberty, or
property except by due process of law."
Also using a 'person' definition (see below) in the
Mississippi UHLA would make sure that the due process
clause in Section 14 is extended to those outlined in the
amendment concerning their Right to Life, including unborn children.
By narrowing the focus of the amendment to Section 14
that
does not limit due process but rather broadly
incorporates all other due process rights contained in state law and in the state
constitution.
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UHLA Paragraph
1, Sentence 3:
The word "person" shall apply to
all human beings, regardless of race, color, creed,
religion, citizenship, ancestry, national origin, sex,
age, health, function, or condition of dependency, at
all stages of biological development from conception
until natural death.
DAVID ROGERS' COMMENTARY:
Achieved Goal # 4:
Defining Personhood for
all. No Exceptions.
This is the first mention in the Mississippi
Constitution of protection for people regardless of
race, color, creed, disability, age, or health condition.
Although we may enjoy certain 'federal' legal status and
protections of rights, I believe strongly that we, as a
people in Mississippi, should govern our own selves well
and should institute within our own state government and
constitution those provisions we now hold sacred, noble,
and true. Among these sacred truths are that "all
people" have a Right to Life regardless of race,
national origin, religion, disability, or health condition.
This must include 'all
human beings' from our very beginning at
conception until natural death.
Sometime people need to stand up
and make a public declaration of fundamental truths and
'enshrine' them into our state constitution. We do
not know what the future will hold. Racism and
prejudice may creep back into our state. It is
important that we make this public declaration now in
setting a clear standard so that great travesties of the past
will not occur again in our state's future.
I believe strongly in setting the
record straight and setting a clear standard using our
legislative and constitutional processes. The
people look to our state leaders and those in authority
to give societal parameters, to define fundamental
basics of good and evil. So setting the complete
"human life" record straight was important to me, not
just the recognition of unborn children as persons but
the recognition of the Right to Life for all people.
We are all in a struggle for the preservation of our
most basic rights, among the highest, the Right to Life.
We are all in this struggle together. The
diminishing of one group of people's Right to Life is a
threat to us all. When the rationale for abortion
crept into our culture the same reasoning that breaks
the principle of valuing
all human life allowed doctors and others to make
judgment calls as to whether an older, senior adult or a
handicapped person can be killed or allowed to starved
to death. These things are happening today in
America - our dirty little secrets. This is the
result of moving away from the principles and sacredness
for ALL human life.
It was not long ago in America's
history that dark skinned people were considered by our
U.S. Supreme Court as not quite human and could be owned
like property. During World War II American
citizens of Japanese descent were taken from their homes
and placed in concentration camps. Even up to
1970s dark skinned Americans were looked upon as less
than human, somehow retarded, a 'lesser species' of
human.
Come on America! Wake up!
All human beings deserve the absolute protection of
life. Once we diverge from this absolute principle
then we create a ever growing culture of death, as seen
today, by which those in authority who can choose to end
someone's life without due process; where teenagers go
on shooting sprees in schools; where abuse of children,
women, the elderly, the sick, and disabled are now
common; where adults murder each other without
considering it to be wrong. Why? Because if
there is no absolute principle of life anymore then
anybody can make up their own rules or change them as
they please.
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UHLA Paragraph
2, Sentence 1:
No person shall deprive another person of life by
assisting or aiding in their suicide.
DAVID ROGERS' COMMENTARY:
Achieved Goal # 5:
Permanent Classification
of Assisted Suicide as Murder.
Euthanasia is always considered murder and is
prosecuted as such. Although Assisted Suicide is
already illegal in Mississippi, I felt the needed for it to be
"enshrined" in the Constitution. The wording here
clearly defines assisting in a suicide as a criminal act
and classifies it as murder by the wording, "deprive
another person of life",
although it leaves the level or classification of murder up to the state
legislature.
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UHLA Paragraph
2, Sentence 2:
No person shall
deprive an unborn person of life; provided, however,
that nothing in this amendment shall prohibit a law
allowing justification to be shown for only those
medical procedures required to prevent the death of
either the pregnant woman or her unborn offspring as
long as such law requires every reasonable effort be
made to preserve the life of each.
DAVID ROGERS' COMMENTARY:
Achieved Goal # 6:
Protection of the Life
of the Mother.
Although this statement might be hard to read at first
it was carefully and specifically worded. The
principles in this statement are already understood under
existing court precedents and the medical establishment.
It is worth firmly restating and establishing the current standard
in our constitution since
sometimes medical and legal standards can change.
This sentence helps the reader understand that saving the life of the
mother and the child is always the priority but if the
life of the mother is in danger then the unborn child's
life can be taken. This is the weighing of one
life against another. The same Pro-Life principle
that argues for the Right to Life of the unborn child
also cannot legally force the mother to sacrifice her
own life to save her child. Although such situations are
known to be extremely rare, sometimes tough choices like
this have to be made. The Mississippi UHLA fully
understands this and is meant to preserve life.
The details of are left up to the state legislature but
are under the prescribed guidelines that "every
reasonable effort be made to preserve the life of each."
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UHLA Paragraph
3, Sentence 1:
No designated funds are required to implement this
amendment.
DAVID ROGERS' COMMENTARY:
This looks like
an odd statement to be thrown in here but it is a
required budgetary statement. Simply put, there are no
special funds needed to be set aside in the state budget to specifically
carry out this amendment. The carrying out of this
amendment will fall under existing enforcement of murder
laws by law enforcement and state prosecutors and
their existing budgets. |
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