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So how can we know whether an unborn child is human, and thus protected by law? Science and reason may help us find the correct answer. To be human is to be a member of the species Homo sapiens sapiens. One's species is determined by one's unique genetic makeup, which is formed at conception and never alters (at least, not in nature). An unborn child is, therefore, demonstrably human -- a living creature with unique human DNA -- and he or she should be entitled to at least some legal protection.

Returning to the Bill of Rights, the Fifth Amendment states: "No person shall be ... deprived of life, liberty, or property, without due process of law." Allowing one person to deprive another of life without due process is a violation of the latter's Fifth Amendment rights. Taking the lives of the most helpless of human beings because they are inconvenient -- the reason almost all abortions are performed -- is simply wrong.

The Left's biggest fear is that Judge Sam Alito, if confirmed to the Supreme Court, will overturn Roe v. Wade. The ruling could only be overturned if a state abortion ban like the one proposed in Ohio is challenged by pro-abortion groups, and comes before the Supreme Court. Even if the Court does overturn it, the only effect would be to return the abortion decision to the states, where it belongs. When that happens, the damage done to the Constitution in 1973 will be healed, and the debate over the fate of unborn children can begin in earnest, instead of being suppressed by fictional constitutional "rights."

Many state legislatures, more responsive to actual voters than the Federal government, would regulate or abolish abortion. In 2004, the Associated Press reported that thirty states were preparing to ban abortion if Roe v. Wade was overturned. (Of course, the story may have been exaggerated in an attempt to frighten voters into defeating President Bush's re-election.) Some states might throw the question open for the people to decide by direct referendum.

That's how the Founders intended such unanticipated questions be addressed, but the thought of regular people making real choices is a fearful thing to Liberals. It's strange to see people who supposedly advocate "choice" insisting that people have no say in their own laws.

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Joe Mariani is a computer consultant born and raised in New Jersey. He now lives in Pennsylvania, where the gun laws are less restrictive and taxes are lower. Joe always thought of himself as politically neutral until he saw how far left the left had really gone after 9/11. His essays and links to articles are available at http://www.guardianwatchblog.com/

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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