December 14, 2011 05:26 PM UTC
Federal efforts to pass personhood bills flying under media radar
10 Comments- by: Jason Salzman
(Definitely one to watch… – promoted by Colorado Pols)
Mississippi’s defeat of a “personhood” amendment last month got journalists across the country talking about campaigns to pass the measure in Colorado, Florida, and other states, but efforts to enact personhood at the federal level have largely flown under the media radar.
It’s not looking like this will happen anytime soon, given the makeup of Congress and the White House, but it may not be as hard as you’d think to alter the U.S. Constitution to define life as beginning at conception.
That’s because a stand-alone personhood amendment to the Constitution, requiring passage by two-thirds majorities of both houses of Congress and approval by three-fourths of the states, is not needed for personhood to become federal law. That’s one way to do it.
But there’s an easier way personhood could become the law of the land.
The 14th Amendment of the U.S. Constitution seems to allow Congress to pass legislation to re-define the definition of a “person” under federal law.
As Princeton Prof. Robert George, an anti-abortion activist, stated at a GOP forum in September:
Section Five of the 14th Amendment expressly authorizes the Congress by appropriate legislation to enforce the guarantees of due process and equal protection contained in the amendment’s first section.
The 14th Amendment, Section 5, states:
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Based on this interpretation of the 14th Amendment, the national Republican platform states that “we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.”
Three bills in Congress would make this wish in the GOP platform a reality, defining a person as a zygote or fertilized egg.
Nick Baumann of Mother Jones reported on this legislation last month:
Like the Mississippi measure, these bills, which are not constitutional amendments, would extend the rights of legal personhood-including equal protection under the law-to a zygote, the single cell formed when a human sperm fuses with an egg. The national measures are “designed to achieve the same end” as the Mississippi effort, says Sara Rosenbaum, a health law expert and professor at George Washington University who frequently testifies before Congress on reproductive rights issues. “The aim of the bills is to reclassify or to overturn…the fundamental constitutional fact on which Roe v. Wade rests,” she adds.
These bills would have to clear the House and Senate, and be signed by the President.
At this point, it looks like the only presidential contenders who’d sign personhood legislation are Newt Gingrich (See here and here.) and Michele Bachmann. They said so at a at a GOP presidential forum in South Carolina in September. Romney has flipped on the issue.
If personhood managed to clear Congress, it would most likely end up before the Supreme Court, which would try to determine whether it was consitutional. The same would be true if a state, like Colorado, passed a personhood amendment to its constitution.
Here’s a list of elected officials who support the federal personhood bills under consideration in Congress:
U.S. Senate
Members of the U.S. Senate who co-sponsored Roger Wicker’s (R-Miss.) “Life at Conception Act,” S 91:
Sen Alexander, Lamar [TN] – 2/15/2011
Sen Barrasso, John [WY] – 2/10/2011
Sen Blunt, Roy [MO] – 1/25/2011
Sen Boozman, John [AR] – 1/25/2011
Sen Burr, Richard [NC] – 1/25/2011
Sen Coats, Daniel [IN] – 1/25/2011
Sen Coburn, Tom [OK] – 1/25/2011
Sen Enzi, Michael B. [WY] – 1/25/2011
Sen Inhofe, James M. [OK] – 1/25/2011
Sen Johanns, Mike [NE] – 2/10/2011
Sen Johnson, Ron [WI] – 11/3/2011
Sen Moran, Jerry [KS] – 1/25/2011
Sen Paul, Rand [KY] – 1/25/2011
Sen Risch, James E. [ID] – 1/25/2011
Sen Thune, John [SD] – 1/25/2011
Sen Vitter, David [LA] – 1/25/2011
U.S. House of Representatives
Members of the U.S. House who co-sponsored Rep. Paul Broun’s (R-GA) “Sanctity of Human Life Act,” HR 212.
Rep Aderholt, Robert B. [AL-4] – 1/7/2011
Rep Akin, W. Todd [MO-2] – 1/7/2011
Rep Alexander, Rodney [LA-5] – 1/7/2011
Rep Bachus, Spencer [AL-6] – 1/7/2011
Rep Bartlett, Roscoe G. [MD-6] – 1/7/2011
Rep Bishop, Rob [UT-1] – 1/7/2011
Rep Black, Diane [TN-6] – 1/7/2011
Rep Burton, Dan [IN-5] – 1/7/2011
Rep Carter, John R. [TX-31] – 1/7/2011
Rep Chaffetz, Jason [UT-3] – 1/7/2011
Rep Cole, Tom [OK-4] – 1/7/2011
Rep Conaway, K. Michael [TX-11] – 1/7/2011
Rep Crawford, Eric A. “Rick” [AR-1] – 1/7/2011
Rep Duncan, Jeff [SC-3] – 1/20/2011
Rep Ellmers, Renee L. [NC-2] – 1/12/2011
Rep Farenthold, Blake [TX-27] – 1/20/2011
Rep Fleming, John [LA-4] – 1/7/2011
Rep Forbes, J. Randy [VA-4] – 1/7/2011
Rep Foxx, Virginia [NC-5] – 1/7/2011
Rep Franks, Trent [AZ-2] – 1/7/2011
Rep Garrett, Scott [NJ-5] – 1/7/2011
Rep Gibbs, Bob [OH-18] – 1/7/2011
Rep Gingrey, Phil [GA-11] – 1/7/2011
Rep Gohmert, Louie [TX-1] – 1/7/2011
Rep Herger, Wally [CA-2] – 1/7/2011
Rep Huelskamp, Tim [KS-1] – 1/7/2011
Rep Johnson, Sam [TX-3] – 1/7/2011
Rep Jones, Walter B., Jr. [NC-3] – 1/7/2011
Rep King, Steve [IA-5] – 1/7/2011
Rep Kingston, Jack [GA-1] – 1/7/2011
Rep Kline, John [MN-2] – 1/7/2011
Rep Lamborn, Doug [CO-5] – 1/7/2011
Rep Lankford, James [OK-5] – 1/12/2011
Rep Latta, Robert E. [OH-5] – 1/7/2011
Rep Long, Billy [MO-7] – 1/7/2011
Rep Luetkemeyer, Blaine [MO-9] – 1/7/2011
Rep Manzullo, Donald A. [IL-16] – 1/7/2011
Rep Marchant, Kenny [TX-24] – 1/7/2011
Rep McCotter, Thaddeus G. [MI-11] – 1/20/2011
Rep McHenry, Patrick T. [NC-10] – 1/7/2011
Rep McKinley, David B. [WV-1] – 1/7/2011
Rep Miller, Gary G. [CA-42] – 1/7/2011
Rep Miller, Jeff [FL-1] – 1/7/2011
Rep Myrick, Sue Wilkins [NC-9] – 1/7/2011
Rep Neugebauer, Randy [TX-19] – 1/7/2011
Rep Olson, Pete [TX-22] – 1/7/2011
Rep Pearce, Stevan [NM-2] – 1/7/2011
Rep Pompeo, Mike [KS-4] – 1/25/2011
Rep Roby, Martha [AL-2] – 11/2/2011
Rep Roe, David P. [TN-1] – 1/7/2011
Rep Rogers, Harold [KY-5] – 1/7/2011
Rep Rogers, Mike D. [AL-3] – 1/7/2011
Rep Rokita, Todd [IN-4] – 1/7/2011
Rep Rooney, Thomas J. [FL-16] – 1/7/2011
Rep Ross, Dennis [FL-12] – 1/12/2011
Rep Ryan, Paul [WI-1] – 1/7/2011
Rep Scalise, Steve [LA-1] – 1/7/2011
Rep Schock, Aaron [IL-18] – 1/7/2011
Rep Stutzman, Marlin A. [IN-3] – 1/20/2011
Rep Terry, Lee [NE-2] – 1/7/2011
Rep Thompson, Glenn [PA-5] – 1/7/2011
Rep Westmoreland, Lynn A. [GA-3] – 1/7/2011
Rep Wittman, Robert J. [VA-1] – 1/7/2011
Members of Congress who co-sponsored Duncan Hunter’s “Life at Conception Act,” HR 374.
Rep Adams, Sandy [FL-24] – 8/16/2011
Rep Akin, W. Todd [MO-2] – 1/20/2011
Rep Alexander, Rodney [LA-5] – 1/20/2011
Rep Bachmann, Michele [MN-6] – 6/24/2011
Rep Bachus, Spencer [AL-6] – 3/17/2011
Rep Barletta, Lou [PA-11] – 6/23/2011
Rep Barton, Joe [TX-6] – 1/20/2011
Rep Benishek, Dan [MI-1] – 2/8/2011
Rep Berg, Rick [ND] – 10/25/2011
Rep Bilirakis, Gus M. [FL-9] – 3/8/2011
Rep Bishop, Rob [UT-1] – 1/20/2011
Rep Black, Diane [TN-6] – 11/30/2011
Rep Boustany, Charles W., Jr. [LA-7] – 11/16/2011
Rep Brady, Kevin [TX-8] – 1/20/2011
Rep Broun, Paul C. [GA-10] – 1/20/2011
Rep Bucshon, Larry [IN-8] – 1/20/2011
Rep Burgess, Michael C. [TX-26] – 11/4/2011
Rep Burton, Dan [IN-5] – 1/20/2011
Rep Canseco, Francisco “Quico” [TX-23] – 1/20/2011
Rep Carter, John R. [TX-31] – 2/8/2011
Rep Chabot, Steve [OH-1] – 6/16/2011
Rep Cole, Tom [OK-4] – 1/20/2011
Rep Cravaack, Chip [MN-8] – 2/8/2011
Rep Crawford, Eric A. “Rick” [AR-1] – 4/15/2011
Rep Davis, Geoff [KY-4] – 1/20/2011
Rep Duncan, Jeff [SC-3] – 1/20/2011
Rep Duncan, John J., Jr. [TN-2] – 1/20/2011
Rep Farenthold, Blake [TX-27] – 1/20/2011
Rep Fincher, Stephen Lee [TN-8] – 11/16/2011
Rep Fleischmann, Charles J. “Chuck” [TN-3] – 9/23/2011
Rep Fleming, John [LA-4] – 1/20/2011
Rep Flores, Bill [TX-17] – 1/20/2011
Rep Forbes, J. Randy [VA-4] – 2/8/2011
Rep Franks, Trent [AZ-2] – 5/2/2011
Rep Garrett, Scott [NJ-5] – 1/20/2011
Rep Gibbs, Bob [OH-18] – 1/20/2011
Rep Graves, Sam [MO-6] – 2/8/2011
Rep Guthrie, Brett [KY-2] – 3/17/2011
Rep Hall, Ralph M. [TX-4] – 1/20/2011
Rep Harper, Gregg [MS-3] – 1/20/2011
Rep Harris, Andy [MD-1] – 2/8/2011
Rep Hartzler, Vicky [MO-4] – 1/20/2011
Rep Heck, Joseph J. [NV-3] – 11/2/2011
Rep Herger, Wally [CA-2] – 1/20/2011
Rep Huelskamp, Tim [KS-1] – 1/20/2011
Rep Huizenga, Bill [MI-2] – 6/23/2011
Rep Hultgren, Randy [IL-14] – 6/15/2011
Rep Hurt, Robert [VA-5] – 1/20/2011
Rep Johnson, Bill [OH-6] – 10/4/2011
Rep Johnson, Sam [TX-3] – 3/17/2011
Rep Jones, Walter B., Jr. [NC-3] – 1/20/2011
Rep Jordan, Jim [OH-4] – 1/20/2011
Rep Kelly, Mike [PA-3] – 1/20/2011
Rep King, Steve [IA-5] – 1/20/2011
Rep Kline, John [MN-2] – 1/20/2011
Rep Labrador, Raul R. [ID-1] – 9/23/2011
Rep Lamborn, Doug [CO-5] – 1/20/2011
Rep Landry, Jeffrey M. [LA-3] – 1/20/2011
Rep Lankford, James [OK-5] – 1/20/2011
Rep Latta, Robert E. [OH-5] – 1/20/2011
Rep Long, Billy [MO-7] – 1/20/2011
Rep Luetkemeyer, Blaine [MO-9] – 1/20/2011
Rep Manzullo, Donald A. [IL-16] – 1/20/2011
Rep Marchant, Kenny [TX-24] – 1/20/2011
Rep Marino, Tom [PA-10] – 6/23/2011
Rep McCaul, Michael T. [TX-10] – 1/20/2011
Rep McCotter, Thaddeus G. [MI-11] – 1/20/2011
Rep McKeon, Howard P. “Buck” [CA-25] – 1/20/2011
Rep Miller, Candice S. [MI-10] – 1/20/2011
Rep Miller, Gary G. [CA-42] – 1/20/2011
Rep Noem, Kristi L. [SD] – 12/2/2011
Rep Nunnelee, Alan [MS-1] – 2/8/2011
Rep Palazzo, Steven M. [MS-4] – 6/21/2011
Rep Pearce, Stevan [NM-2] – 2/8/2011
Rep Pence, Mike [IN-6] – 1/20/2011
Rep Pitts, Joseph R. [PA-16] – 8/16/2011
Rep Pompeo, Mike [KS-4] – 1/20/2011
Rep Renacci, James B. [OH-16] – 10/25/2011
Rep Ribble, Reid J. [WI-8] – 7/7/2011
Rep Rigell, E. Scott [VA-2] – 1/20/2011
Rep Rivera, David [FL-25] – 7/7/2011
Rep Roby, Martha [AL-2] – 11/2/2011
Rep Roe, David P. [TN-1] – 1/20/2011
Rep Rokita, Todd [IN-4] – 2/8/2011
Rep Ross, Dennis [FL-12] – 1/20/2011
Rep Scalise, Steve [LA-1] – 1/20/2011
Rep Schmidt, Jean [OH-2] – 1/20/2011
Rep Scott, Austin [GA-8] – 9/15/2011
Rep Shimkus, John [IL-19] – 1/20/2011
Rep Smith, Christopher H. [NJ-4] – 1/20/2011
Rep Terry, Lee [NE-2] – 1/20/2011
Rep Walberg, Tim [MI-7] – 6/16/2011
Rep Walsh, Joe [IL-8] – 10/3/2011
Rep West, Allen B. [FL-22] – 6/24/2011
Rep Wittman, Robert J. [VA-1] – 4/14/2011
Rep Womack, Steve [AR-3] – 10/25/2011
Additional federal politicians endorsed state-based personhood campaigns in Colorado (Coffman, Gardner, Lamborn) and Mississippi, but none of the Colorado Congressmen supporting the state measure has endorsed a federal bill.
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You’ll see the most incredible Democratic landslide ever in the next election. When women are told no to some birth control and that abortion is totally forbidden – even very conservative voters are going to want a change.
succeed in getting Roe v Wade over-turned or in universally ending abortion by other means. It’s too effective for energizing the base and raising funds. On the other hand, I never imagined we’d be seeing the established leadership’s position of player and the base as played on such a shaky foundation as what we are seeing now.
On the other, other hand, I can’t imagine so many Rs actually going through with this kind of obviously and universally rejected legislative change, with the state bills losing by 3 and even 4 to 1 in states like ours and even failing in Mississippi, so I’m not too worried that this will happen, even if they keep the House and gain a safe 60 in the Senate and elect a Republican President, a combination I believe highly unlikely.
I’d like to know the history of this new proposal. Is this a revival of something older?
I’m not sure passing this law would mean instant repeal by a triumphant Democratic slate.
If we ever abort Roe, You’d get a lot of strong pro-lifers from traditionally Democratic constituencies returning to their party and running pro-life candidates against pro-choice Democrats in the primaries.
Roe v. Wade is horrible jurisprudence, recognized even by abortion rights supporters. We’d be best to reconsider it.
Just in case anyone missed it. Go read Casey v. Planned Parenthood, which overrules Roe sub silentio.
If this were the case, then Congress could have passed legislation stating that women were covered; they weren’t – and still aren’t – fully protected under our Constitution.
So passing a law stating that unborn children are protected under the 14th Amendment is at best a novel and legally untested approach.
My understanding is that any of the paths to banning abortion or loosening restrictions would most likely end in a vote by the Supreme Court. Hence the mainline wing of the anti-abortion movement has made the Supreme Court nomination process their priority, as opposed to pushing state or federal legislation.
http://thehill.com/blogs/healt…
It will be interesting to hear his scientific, or perhaps historical, take on this one.
zygotes who have $1.6 million to spend for historical background.