The Harvard Journal of Law and Public Policy recently published an article which argues that, under the fourteenth amendment of the US constitution, unborn children are considered persons. In the article, Harvard law student Joshua Craddock challenges both pro-choice philosophy and pro-life interpretation of the Constitution. He sums up both as “constitutionally unsound.”
Craddock looks at the Supreme Court’s pro-choice decisions since the 1973 case Roe v. Wade and their supposed refusal to decide whether or not an unborn child is a human being with human rights. He states that the justices considered other matters to be more important than this decision and thus decided to take no action on the matter. Craddock also examines the idea through the lens of pro-life legal scholars, who either claim that the Constitution doesn’t say anything about abortion at all or that it is important to consider the issue from an “originalist” perspective, which advocates that people should look at what the Constitution meant to those who wrote it and interpret it accordingly.
Craddock then argues that people on both sides of the abortion issue misinterpret the Constitution. He uses the fourteenth amendment to prove that the Constitution’s original meaning includes an unborn child’s right to life. It says that no state shall “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.” He then provides three pieces of historical context to back up his argument: what the word “person” meant at the time, the anti-abortion laws of that period, and what the people who wrote the amendment said about it.
Craddock concludes that states that allow abortion violate the Constitution. An example of this statement is if a state allows abortion but prosecutes murderers of other age demographics, it denies the unborn the equal protection of the laws. “Congress or the courts must intervene,” he writes. “The Fourteenth Amendment was to be a new birth of freedom for all human beings.”