Women do not have a Constitutional right to abortion
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After 4 votes and with 7 points ahead, the winner is...
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- Complete Absence in the Constitution Itself (pro’s)
- People Cannot Make Up Their Own Rights (pro’s)
- Abortion is Left to the States, not the Constitution (pro’s)
- Slavery is Evil (mine).
- “Constitutional rights are the protections and liberties guaranteed to the people by the U.S. Constitution. Many of these rights are outlined in the Bill of Rights; such as the right to free speech in the First Amendment, and the right to a speedy and public trial in the Sixth Amendment. Even though these rights are expressly stated, their scope and proper implementation remains the subject of debate. As such, a large quantity of case law revolving around the application of constitutional rights has developed.Additionally, not all rights protected by the U.S. Constitution are explicitly stated within. Some are implied or unenumerated, like the right to privacy. These unenumerated rights are established in case law. For example, the first instance of a constitutional right to privacy comes from the seminal case Griswold v. Connecticut.”-Wex Definitions Team, Cornell Law School
- “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Congress shall have power to enforce this article by appropriate legislation” [7].
- “Involuntary servitude refers to being forced through coercion to work for another. The term is sometimes equated with slavery, however, it does not necessarily imply the complete lack of personal freedom that accompanies slavery” [8].-US Legal, Inc.
- If yes, then she’s an indentured servant
- If not, then she’s a slave
- https://www.thenation.com/article/politics/alliance-defending-freedom-dobbs/
- https://www.wired.com/2012/08/house-committee-science/
- https://magazine.publichealth.jhu.edu/2022/brief-history-abortion-us
- https://www.law.cornell.edu/constitution/ninth_amendment
- https://www.statesman.com/story/news/politics/state/2021/09/03/texas-abortion-law-heres-how-lawmakers-voted-heartbeat-bill-legislature/5706081001/
- https://pubmed.ncbi.nlm.nih.gov/10297561/
- https://www.archives.gov/milestone-documents/13th-amendment
- https://definitions.uslegal.com/i/involuntary-servitude/
- https://www.vox.com/future-perfect/23203923/pregnancy-health-dobbs-supreme-court-abortion-roe-maternal-mortality
- https://www.pbs.org/tpt/slavery-by-another-name/themes/peonage/
- https://www.npr.org/2022/08/18/1111344810/abortion-ban-states-social-safety-net-health-outcomes
Second, they outright did so under insane pretext. Their case distilled down to some rights are “not deeply rooted in this Nation's history or tradition” so are not rights [3]. This leaves zero reason why this anti-ethical framework would not be applied to every other constitutional amendment, since at the time of their inception they too were “not deeply rooted in this Nation's history or tradition.”Plus, abortion is well rooted in American history and tradition, making that case against it invalid from the onset. From about 1607 all the way to 1860 (just over 250 years), it was commonly practiced and legal until the quickening (just under half way through pregnancy). A racist and sexist group petitioned politicians with lies about science to change that (notice a trend?), not for any religious reason like the cults we see today, but literally as a business tactic against traditional medicine [3].
Yes and no. The author of the 9th amendment set it as a catchall for rights not previously named or respected [4]. As an example (not sure if Madison would agree), slavery is evil, and goes against all American values… This didn’t magically become the case when the 13th amendment was ratified.
Because the 9th exists, the denial of rights (even if not expressly named in the constitution) is anti-constitutional.
Abortion is a longstanding tradition/custom of the people [3], so by this standard, a right.
But specifically to the 10th amendment…Where does it say that anyone's body is property of the government, to serve as a slave rather than have the government honor its promise to protect their liberties, as was enshrined from the very beginning?Yes, that is a point about the pitfalls of double standards and cherry picking.
Women equal ~50% of the population, so democratically… Oh wait, not only should anyone's rights not be up for the vote, but when women’s rights are put to the vote, the staggeringly vast majority of women do not get to take part. Such as Texas, declaring any raped woman who gets pregnant (not that they believe it’s rape if she gets pregnant) who doesn’t wish to carry the progeny of her rapist, she gets life in prison for the federal (not state) crime rebelling against the will of the rapist.
This of course was not put up for a vote by the people, but rather a weird cabal, who wear strange robes, and have secret meetings [5]. Yes, those groups have recently allowed a few women into their ranks, but only as a serious minority who can rarely affect an outcome (save for when the dicks are occasionally tied).
In a vacuum that might be fine, but unfortunately women live in those states. Again, the decision makers in such places do not think women are people, thus women’s rights is an alien concept.
As an example, the anti-abortion advocates in their view that women are animals instead of people (and hatred thereof), forced the vast majority of black women to not terminate their pregnancies, which held from 1776 until 1865 [6].
Thanks to ol’ Abe Lincoln, slavery is outlawed in the USA. Per the 13th Amendment:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Congress shall have power to enforce this article by appropriate legislation” [7].Note that it says congress shall enforce, not individual states choosing if they want to be able to force people to work their cotton fields or whatnot.
When the 13th was written, it was written with all the evils of the Atlantic Slave Trade fresh in mind. One of the most depraved forms of the slavery was forced pregnancy; and no exception to allow this to continue was put into the 13th. Rather, it outlawed ALL slavery.Completely non-coincidentally, the states with abortion bans are largely the states which tried to find loopholes in the 13th, such as sending former slaves to prison for not honoring impossible contracts, and then have them be a slave again… Oh sorry, as a further loophole they renamed slavery “peonage” [10].Not that slavery ever goes away completely [11].
Pregnancy is hard work and sacrifice [9]. To be coerced into continuing it against one's wishes, is making treating said person as a piece of property (AKA, a slave), rather than as a person.
Without even addressing how much women are punished in the USA for not getting an abortion (which can coerce them into getting an abortion they otherwise might not), being coerced to work for another is by definition involuntary servitude.
A pregnant woman being told she may not get an abortion or else go to prison the rest of her life, is coercing her. Continuing the pregnancy is hard work, so hard in fact that it tends to interfere with employment.
Does the government reimburse her?
- If yes, then she’s an indentured servant
- If not, then she’s a slave
Since both are anti-constitutional per the 13th Amendment, women have a constitutional right to abort unwanted pregnancies.
- “Prior to 1821, abortions were generally accessible and were often performed by midwives, as well as doctors. That changed as women’s reproductive rights in the United States became more contentious. A 1873 case established federal control over contraception distribution.”
-Pro’s own source, agreeing with me that abortion is an American tradition.
- “The Connecticut General Assembly passes the first U.S. law banning medicinal abortion after the “quickening” stage (when fetal movement is detected, generally around the fourth or fifth month of pregnancy).”-Pro’s own source agreeing with me about abortion being legal until the quickening.
- “Since at least 1800, it has been traditional for Justices to wear black robes”-Supreme Court of the United States [8]
- “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation” [12].
- “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Congress shall have power to enforce this article by appropriate legislation”
- Slavery violates the 13th amendment (plus the declaration of independence and a few other key documents).
- A person has a constitutional right to not be a slave (as is needed to uphold the 13th).
- A person therefore has a constitutional right to take actions to prevent enslavement and/or to free themselves from slavery.
- Forced pregnancy meets the above, and the means of preventing/ending that one type of enslavement is abortion.
- Oh, and women are people.
- https://news.gallup.com/opinion/polling-matters/391649/religion-supreme-court-justices.aspx
- https://www.hrw.org/news/2024/02/06/taliban-and-global-backlash-against-womens-rights
- https://www.youtube.com/watch?v=g86Yyi-YlOM
- https://www.youtube.com/watch?v=CpYgDTimaKs
- https://www.latimes.com/politics/story/2024-06-27/trump-biden-abortion-presidential-debate
- https://www.youtube.com/watch?v=lj3iNxZ8Dww
- https://youtu.be/wjLgekyOZA0?si=7CFQs_JcCqG7sbiM&t=42
- https://www.supremecourt.gov/about/traditions.aspx
- https://writingpis.wordpress.com/2014/05/18/why-do-u-s-judges-wear-black-robes-by-denver-defense-attorney-shaun-kaufman/
- https://www.statesman.com/story/news/politics/state/2021/09/03/texas-abortion-law-heres-how-lawmakers-voted-heartbeat-bill-legislature/5706081001/
- https://youtu.be/aRq1Ksh-32g?si=PJk0yshdNSEZ0UGx
- https://www.archives.gov/milestone-documents/19th-amendment
- https://youtu.be/TgZZTuwB7cw?si=Hl8u9wrJkk5c7_Ok
- https://news.berkeley.edu/2024/07/02/high-court-ruling-on-presidential-immunity-threatens-the-rule-of-law-scholars-warn/
- https://www.hackensackmeridianhealth.org/en/healthu/2019/05/24/6-realities-of-pregnancy-people-rarely-talk-about
- https://www.pbs.org/newshour/health/broken-tired-and-ashamed-how-health-care-fails-new-moms
- https://www.aauw.org/issues/equity/motherhood/
Actually I grounded it in facts, as seen with my sources. But since Pro believes I’m wrong about the Justices being religious, which I mistakenly thought was common knowledge, I’ll prove it… The senate outright asks about their imaginary friends during confirmation hearings [1], since to the cultists in the senate that’s what’s most important. None of the Justices identity as not having imaginary friends, which makes them non-representative for about a quarter of the US population.
Oh and former president Donald Trump just admitted to appointing Kavanaugh and others purely to overturn Roe v. Wade without care for constitutional validity [5]. This is also known as a coup (previously misspelled coop). More recently, for Mr. Trump’s benefit, they’ve declared presidents to be immune to punishment for any crimes they commit, such as attempting to assassinate his own vice president and leading an insertion to overthrow our democracy [14].
Incorrect. One clause of the 14th (not 13th) amendment was interpreted by Roe v. Wade in a manner to prevent sadists in the government from forcing abortions upon the unwilling (along with denying women the right to medical freedom, which hurt the feelings of misogynists).
The USA did not fall out of a hole in the sky in 1776. Instead it has traditions which predate and lead to it declaring independence. Even ignoring everything which predates independence, that gives nearly a hundred years of traditional legal abortion (as previously stated, at least up until the quickening).
- “Prior to 1821, abortions were generally accessible and were often performed by midwives, as well as doctors. That changed as women’s reproductive rights in the United States became more contentious. A 1873 case established federal control over contraception distribution.”
-Pro’s own source, agreeing with me that abortion is an American tradition.
If you believe slavery is not evil and is in fact an American value, I have no clue what to say… Congregations, you’ve stumped me.
Where does it say that anyone's body is property of the government, to serve as a slave rather than have the government honor its promise to protect their liberties, as was enshrined from the very beginning?
If it doesn’t say that, nor that misogynists get to use the declaration of independence as toilet paper, then the 10th Amendment has almost no bearing on this discussion.
Then women not getting to vote on abortion (which I’ve proven), makes them being denied the right to do something that could not vote on a constitutional violation. Congratulations, you’ve managed to find an additional way they have a right to abortion through the 19th.
You’re figuratively stepping on your own rakes here [11], some number of them between 18 and 20… Please remind us what number is between 18 and 20? Right, 19, as in the 19th amendment…The 19th Amendment was only required because the predecessors to the misogynistic cultists I’ve been mentioning, decided to intentionally deny women their constitutional rights. The wording of it speaks directly of rights which already existed, but were being dishonored by evil people in power (generations of them in fact).
That the 19th amendment was needed was a bigger embarrassment than the 15th, which both covered the same thing: people are people, people may take part in democracy, and people have their rights protected by the constitution. In fact, nowhere in the declaration of independence, the constitution, or the amendments was an exception made to oppress people by melanin and dick length; nor did they even adhere to this standard when it inconvenienced them (with not even one senator ever losing his vote for getting tanned or losing his dick… as one does when engaging in certain esoteric lifestyles).
It actually hurts me to have to break things down Barney Style to this extent.On your mouse there’s something called a scroll wheel, which will enable you to scroll up to the crystal clear answer above, if the wheel is too complex there are up and down keyboard buttons which will give the same effect [13].Now that you know how to scroll, scroll up to look for the text in question, and note where it says “anti-abortion advocates in their view that women are animals…” If this is still confusing, try to imagine that just like not all men are rapists, not all people hate women. Ones who do hate women, gained more power in the south than elsewhere, and “forced the vast majority of black women to not terminate their pregnancies.”Not all women are black. I treat this to be an apriori fact which need not be proven.One group of women suffering worse violations of their rights than others in a time period, does not mean only one thing was happening.
Actually the 13th doesn’t have a clause that sickos are allowed to enslave people for 9 months. Making someone a slave for 9 months, is making them a slave.This shouldn’t need to be said, but I take it to be self evident that enslaving their bodies (or parts thereof) is also enslaving them.
Actually the 13th doesn’t have a clause that sickos are allowed to enslave people so long a they make sure to rape them good.It is crystal clear against slavery. Kidnapping people to enslave them in your basement is a constitutional violation, as is making them pick cotton in your field (yes, even if you rape them good every night), etc.
Again, the 13th is crystal clear against slavery, with no separation of different types of slavery (and I’ve already covered that loopholes were ruled still unconstitutional); instead all forms of it are violations of constitutional rights, which in turn means people have a right to any action to free themselves from slavery to prevent it from existing:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Congress shall have power to enforce this article by appropriate legislation”Similarly, the 2nd amendment allows people to purchase a 9mm pistol, and/or an M16 rifle, or almost any other. That multiple types of arms they may purchase exist, does not invalidate all the others.
Nor does it mention whipping them in a field. It doesn’t need to, because it includes both things (and many others) when they’re unwilling.
In order to challenge that, you’d need to either show that all pregnancy is voluntary, or pregnancy is zero burden. Until then, forced pregnancy is by your own provided definition a form of slavery as women become owned by another for 9 months.
Slavery doesn’t need to be for any one lone person, the definition says “owned by others.” This stuff is intuitively simple. A plantation owned by a corporation still enslaved even while it wasn’t one lone individual benefiting. Hell, Brett Kavanaugh and his mentor Todd Akin could both kidnap and rape someone, and both being guilty wouldn’t magically cancel out the crime.
A woman being forced to stay pregnant is for the benefit of a bunch of prevented sadists (such as Brett Kavanaugh and Todd Akin). Hypothetically the fetus too, but that’s secondary at best to the perverse desires of the anti-democratic lawmakers.
A founding principle of this nation is the right to Life, Liberty, and Property. This informed the declaration of independence, our constitution, and various other documents. It’s even reaffirmed in the 14th Amendment.
“Con now claims that anti-abortionists managed to prevent abortions from 1776 to 1865. So, which is it?”It actually hurts me to have to break things down Barney Style to this extent.On your mouse there’s something called a scroll wheel, which will enable you to scroll up to the crystal clear answer above, if the wheel is too complex there are up and down keyboard buttons which will give the same effect [13].Now that you know how to scroll, scroll up to look for the text in question, and note where it says “anti-abortion advocates in their view that women are animals…” If this is still confusing, try to imagine that just like not all men are rapists, not all people hate women. Ones who do hate women, gained more power in the south than elsewhere, and “forced the vast majority of black women to not terminate their pregnancies.”Not all women are black. I treat this to be an apriori fact which need not be proven.One group of women suffering worse violations of their rights than others in a time period, does not mean only one thing was happening.
Women equal ~50% of the population, so democratically… Oh wait, not only should anyone's rights not be up for the vote, but when women’s rights are put to the vote, the staggeringly vast majority of women do not get to take part. Such as Texas, declaring any raped woman who gets pregnant (not that they believe it’s rape if she gets pregnant) who doesn’t wish to carry the progeny of her rapist, she gets life in prison for the federal (not state) crime rebelling against the will of the rapist. This of course was not put up for a vote by the people, but rather a weird cabal, who wear strange robes, and have secret meetings [5]. Yes, those groups have recently allowed a few women into their ranks, but only as a serious minority who can rarely affect an outcome (save for when the dicks are occasionally tied).
Not all women are black. I treat this to be an apriori fact which need not be proven.One group of women suffering worse violations of their rights than others in a time period, does not mean only one thing was happening.
“I know no error more consuming to an estate than that of stocking farms with men almost exclusively. I consider a woman who brings a child every two years as more profitable than the best man of the farm. [W]hat she produces is an addition to the capital, while his labors disappear in mere consumption.”
The matter is simple (slavery and indentured servant are used interchangeably):
- Slavery violates the 13th amendment (plus the declaration of independence and a few other key documents).
- A person has a constitutional right to not be a slave (as is needed to uphold the 13th).
- A person therefore has a constitutional right to take actions to prevent enslavement and/or to free themselves from slavery.
- Forced pregnancy meets the above, and the means of preventing/ending that one type of enslavement is abortion.
- Oh, and women are people.
Pro is of course welcome to come up with another way for those women to free themselves from the slavery that is forced pregnancy. Then denied abortions would not be a violation of their rights; but right now, abortion is the way to prevent/end slavery.
- https://www.youtube.com/watch?v=evPZ-0UhL1E
- https://www.c-span.org/video/?518342-1/jackson-confirmation-hearing-day-2-part-1
- https://www.nbcchicago.com/news/local/who-voted-against-roe-v-wade-how-each-supreme-court-justice-ruled-on-overturning/2866182/
- https://www.britannica.com/video/238294/January-6-US-Capitol-attack
- https://blog.richmond.edu/livesofmaps/2014/11/11/map-of-the-week-slave-trade-from-africa-to-the-americas-1650-1860/
- https://www.loc.gov/collections/voices-remembering-slavery/articles-and-essays/faces-and-voices-from-the-presentation/
- https://www.statista.com/statistics/1010196/population-us-1860-race-and-gender/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6727302/
- https://en.wikipedia.org/wiki/Treatment_of_slaves_in_the_United_States
- https://pubmed.ncbi.nlm.nih.gov/10297561/
- https://www.yalemedicine.org/news/maternal-mortality-on-the-rise
- https://www.cdc.gov/mmwr/volumes/72/wr/mm7218a4.htm
- https://www.cato.org/cato-university/home-study-course/module2
- https://constitution.congress.gov/constitution/amendment-5/
- https://www.archives.gov/milestone-documents/14th-amendment
- https://tsaco.bmj.com/content/8/1/e001067
- https://legal-forum.uchicago.edu/print-archive/involuntary-reproductive-servitude-forced-pregnancy-abortion-and-thirteenth-amendment#heading
- https://www.reuters.com/article/fact-check/termination-of-pregnancy-can-be-necessary-to-save-a-womans-life-experts-say-idUSL1N2TC0VD/
- 1. The ruling of Dubs V. established that abortion is not a constitutionally protected activity and that states retain the right to allow and disallow the practice at their discretion.
- 2. The 9th Amendment did not allow people to determine their rights, and thus, the 9th Amendment could not be used to justify Abortion rights. (source provided)
- 3. Abortion rights are left to the states and not the federal government.
- Cons main points are:
- 1. Something not mentioned in the Constitution does not forbid it from being a right. It would have to be mentioned as an exclusion.
- 2. The Supreme Court justices are members of a cult that is misogynistic towards women. Who passed the Roe v. Wade as part of a cultist coup.
- 3. The judge's rule on Roe V. Wade was made due to the belief that abortion was not deep-rooted in American history.
- 4. That the 10th Amendment somehow protects abortion right because the Constitution does not say that the government has the right to a person's body.
- 5. Women do not have a right to vote on abortion because, despite being 50 percent of the population, they do not vote when the matter is brought up because the state of Texas made a law making abortion a felony. And that the people did not make this decision but a Cabal in secret meetings.
- 6. States love the Constitution but hate women. And that they treat single mothers worse than states that allow abortion.
- 7. Pregnancy is hard work and sacrifice.
- 8. If the government reimburses a pregnant woman, she is an indentured servant, and if not, she is a slave, according to the 13th Amendment.
- 1. The Idea that the Supreme Court judges are misogynistic cultists is an opinion on Cons that is neither relevant nor grounded in law. (no source provided)
- 2. I noted that Con has made an error in claiming that America, from 1607 to 1860, was a country that permitted abortion for over 250 years. In fact, America did not become a nation in 1607, and anti-abortion legislation was enacted as early as the 1820s. (sources provided)
- 3. Refuted Con’s position on the 10th Amendment as it was irrelevant to slavery (no sources provided.)
- 4. Refuted Con's assertion regarding women's voting by pointing out the 19th Amendment, which indicated that the choice not to vote is made freely by women themselves.
- 5. Refuted Con’s claim that Taxa’s State law applied everywhere by stating that Federal law applies everywhere while states apply only to themselves.
- 6. Pointed out that everyone at the age of 18 can vote when Con claimed women’s rights were an Alien concept.
- 7. I noted that Con made contradictory statements, first mentioning that abortion has been legally performed for over 250 years and then stating anti-abortionists prevented abortions from occurring between 1776 to 1865.
- 1. Tries to justify their claims about the judges being cultists through a subjective article.
- 2. States that the 14th Amendment was interrupted to prevent abortion from being denied by the government.
- 3. Used a source and cherry-picked its wording to argue that I provided a source that proved their point.
- 4. A repeat of what they said in count 4. In the first round.
- 5. Argues that they had a right to abortion through the 19th Amendment
- 6. Claims the 19th Amendment was required as part of a misogynistic cult ploy. I am declaring the 19th Amendment and 15th Amendment as embarrassments.
- 7. Refuses to address the contradictions I pointed out and instead tells me to scroll down.
- 8. Tries to claim that the 13th Amendment addresses all forms of slavery.
My opponent mistakenly claimed that I conceded on the point regarding the 13th Amendment. I argued that the Amendment abolished slavery as an institution, not all forms of forced labor. Additionally, I emphasized that denying abortion access does not equate to slavery.
- 1. Con is using an analyst's subjective opinions to justify an irrelevant conspiracy theory that had no basis in the discussion.
- 2. Con brought up an irrelevant Court case about presidential immunity and even then misrepresented said court case.
- 3. I pointed out that not only did Con provide no sources to establish in law that the 13th and 14th Amendments support the idea of abortion rights, But I also highlighted the continued contradiction of claiming a Constitution that Con believes is written by misogynists also supports women's rights to abortion.
- 4. I also pointed out Cons inconsistencies of making multiple stories. In one story, abortion is a long-time American tradition. In another, anti-abortionists have successfully blocked abortion for centuries. In the last one, Con claims women's rights are an alien concept in the eyes of the lawmakers, who Con also claims to recognize abortion as a right.
- 5. I also corrected Con on their misunderstanding of the 15th Amendment.
- 6. I pointed out that the definition of slavery as an institution and the definition of sexual slavery were fundamentally different and thus could not be used to argue that abortion is a form of slavery. (Source provided)
- 1. Continues to argue the judges are cultists.
- 2. Claims Courts are using the law to put their religious beliefs on everyone.
- 3. Tries to justify their lack of research about slavery by arguing that slavery still occurs.
- 4. Claims Trump is relevant to the debate because he appointed the judges that overturned Roe V. Wade.
- 5. Brings of January 6th to justify bringing up presidential immunity.
- 6. Tries to establish legal falsehoods, such as denying slavery simply because I pointed out that the 10th Amendment does not have any references to slavery.
- 7. Falsely claims I conceded on the idea of slavery despite no such concession existing.
Comparing the denial of abortion to historical African American slavery is a false equivalency.
He could find no challenge to a simple point like “A woman being forced to stay pregnant is for the benefit of a bunch of [perverted] sadists…” instead leaving it wholly unrefuted that by his own definition forced pregnancy is slavery.
No I’m not. That you may not understand why American history is relevant to this debate, only speaks to the quality of your education
John Lock was an early philosopher on the concept of those three essential rights [13]. Often property is substituted for “the pursuit of happiness,” but to our founding fathers it meant largely the same thing.
They are seen in the Declaration of Independence, the 5th Amendment [14], 14th Amendment [15], and more. These ethics are embedded into the foundations of this country.It is upon them that the Supreme Court determined women have a right to an abortion under the Roe v Wade ruling (I prefer the 13th Amendment, but this principle predates our aversion to slavery). Without this right recognized, women are violated via denied access to life saving medicine [16].
- The Declaration of Independence and the Constitution are different documents.
- the Supreme Court overruled Roe V Wade.
- medicine has never been a right.
- Women cannot be violated of rights they never had.
The matter is simple (slavery and indentured servant are used interchangeably):
- Slavery violates the 13th amendment (plus the declaration of independence and a few other key documents).
2. A person has a constitutional right to not be a slave (as is needed to uphold the 13th).
3. A person therefore has a constitutional right to take actions to prevent enslavement and/or to free themselves from slavery.
4. Forced pregnancy meets the above, and the means of preventing/ending that one type of enslavement is abortion.
5. Oh, and women are people.
““These rights are not created bythe 9th Amendment, they are derived from … thetraditions and customs of the people.”Abortion is a longstanding tradition/custom of the people [2], so by this standard, a right.
A racist and sexist group petitioned politicians with lies about science to change that (notice a trend?), not for any religious reason like the cults we see today, but literally as a business tactic against traditional medicine [2].
- “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Congress shall have power to enforce this article by appropriate legislation” [7].
- “Neither slavery nor involuntary servitude … shall exist within the United States”
- “Involuntary servitude refers to being forced through coercion to work for another. The term is sometimes equated with slavery, however, it does not necessarily imply the complete lack of personal freedom that accompanies slavery” [8].
- “Involuntary servitude refers to being forced through coercion to work for another.”
- Pro insists that it’s a “subjective definition” and that you should vote against the guy who brought this “made-up definition” into the debate. Ctrl+F will let you easily verify who he wishes you to vote against.
- It includes the example of slavery: “Millions of Africans were sold into slavery” [9]. This is pro yet again conceding major ground that his case depends upon, as his closing outright declared it doesn’t count as slavery if you’re victimizing people of African descent (well, at least their women... more on that in a bit).
Even Thomas Jefferson wrote of forced births as part of slavery [11]:“I know no error more consuming to an estate than that of stocking farms with men almost exclusively. I consider a woman who brings a child every two years as more profitable than the best man of the farm. [W]hat she produces is an addition to the capital, while his labors disappear in mere consumption.”
“medicine has never been a right” and “women cannot be violated of rights they never had.”
“Women do not have a right to vote on abortion because, despite being 50 percent of the population, they do not vote when the matter is brought up because the state of Texas made a law making abortion a felony. And that the people did not make this decision but a Cabal in secret meetings.”
The matter is simple (slavery and indentured servant are used interchangeably):“False. I challenged that…”
Slavery violates the 13th amendment.“I never challenged that slavery violates the 13th Amendment…”
2. A person has a constitutional right to not be a slave“Again, we never debated whether slavery could be legally practiced…”
3. A person therefore has a constitutional right to take actions to prevent enslavement and/or to free themselves from slavery.“This was never brought up until now.”
4. Forced pregnancy meets the above, and the means of preventing/ending that one type of enslavement is abortion.“It may meet your subjective definition by your circular logic, but this in no way proves that forced pregnancy is a form of slavery in any objective or legal stance.”
5. Oh, and women are people.“Pointless. Women being people was never in the contest by me or you. It's nonsense even to bring it up..”
Pregnancy is hard work and sacrifice [9]. To be coerced into continuing it against one's wishes, is making treating said person as a piece of property (AKA, a slave), rather than as a person.Without even addressing how much women are punished in the USA for not getting an abortion (which can coerce them into getting an abortion they otherwise might not), being coerced to work for another is by definition involuntary servitude.A pregnant woman being told she may not get an abortion or else go to prison the rest of her life, is coercing her. Continuing the pregnancy is hard work, so hard in fact that it tends to interfere with employment.Does the government reimburse her?
- If yes, then she’s an indentured servant
- If not, then she’s a slave
Since both are anti-constitutional per the 13th Amendment, women have a constitutional right to abort unwanted pregnancies.
- https://www.wired.com/2012/08/house-committee-science/
- https://magazine.publichealth.jhu.edu/2022/brief-history-abortion-us
- https://www.nbcchicago.com/news/local/who-voted-against-roe-v-wade-how-each-supreme-court-justice-ruled-on-overturning/2866182/
- https://www.statesman.com/story/news/politics/state/2021/09/03/texas-abortion-law-heres-how-lawmakers-voted-heartbeat-bill-legislature/5706081001/
- https://www.google.com/search?q=Stephanie+Klick%2C+R-Fort+Worth
- https://knowyourmeme.com/memes/todd-akins-sexual-assault-gaffe/photos/sort/comments
- https://www.archives.gov/milestone-documents/13th-amendment
- https://definitions.uslegal.com/i/involuntary-servitude/
- https://dictionary.cambridge.org/dictionary/english/slavery
- https://www.youtube.com/watch?v=BGoEP-IqoDg
- https://legal-forum.uchicago.edu/print-archive/involuntary-reproductive-servitude-forced-pregnancy-abortion-and-thirteenth-amendment#heading-2
- https://rationalwiki.org/wiki/Argumentum_ad_nauseam
- https://www.statista.com/statistics/1010196/population-us-1860-race-and-gender/
- https://tsaco.bmj.com/content/8/1/e001067
- https://constitution.congress.gov/constitution/amendment-5/
- https://www.archives.gov/milestone-documents/14th-amendment
- https://www.pbs.org/tpt/slavery-by-another-name/themes/peonage/
- https://www.youtube.com/watch?v=evPZ-0UhL1E
I was going to write a more in-depth RfD for this debate, but actually, I think I can keep it relatively simple yet complete.
The way I see it, there were two main issues at stake here. First, the idea of abortion not existing as a longstanding tradition in the US. Con, for whatever reason, brings up the Dobbs decision, which said that the Constitution provided no guaranteed right to abortion, but tries to argue that by the decision's own reasoning, it should be a Constitutional right. While I see what argument Con was going for, I don't think bringing up the decision helped them out in the end, as they referred to an actual decision on the matter of Constitutional law which directly contradicts their own case. Pro also points out the contradiction in saying that abortion was typically allowed before the quickening, but also that many enslaved women were forced to remain pregnant. I feel like this point goes to Pro.
The other major point for me was slavery. Con argues that pregnancy does count as a form of labor, and if a pregnant woman has no legal way to stop being pregnant, that is forced labor, which is slavery and outlawed by the 13th amendment. Pro's response to this argument feels fractured and I don't fully understand it. He tries to make a separation between institutional slavery and sex slavery, claiming that the 13th amendment specifically outlawed the former, but Con points out that the 13A outlawed all forms of slavery. Con also points to how, historically, female slaves were forced to remain pregnant and give birth specifically because it was financially advantageous to the slaveholder, meaning it was for the benefit of another person. In the end, I feel like Pro could have won on this point, but their arguments were just not it.
Since both sides agree that the Constitution does not specifically say that abortion is not a civil right, all Con needed was to demonstrate unconstitutionality through one good line of reasoning, and I think they managed to do that in this debate. Con wins.
https://docs.google.com/document/d/1Vi7wGmJhi7kMUBxz_QbRrAFPgo3m4zjKqmz3-7vnoXI/edit?usp=sharing
Long story short, I think a lot of the debate got mired in definitions, which ended up making it harder for Pro to focus on the more vulnerable elements of Con's argument. Given the burdens of the debate and what Pro had to do to meet them, Con only had to win one argument, and I think he did with the 13th Amendment.
https://youtu.be/Mfq98FqnxOQ
You can skip to the last 5 to 7 minutes for the vote
This debate took a while to read through. I will judge on what personally resonated with me.
Con provided a thorough and detailed analysis. They referenced multiple constitutional amendments, court cases, and historical context to argue that denying abortion is akin to slavery. They argued that the 13th Amendment prohibits involuntary servitude, which they extends to forced pregnancy. Pro focused on refuting Con's claims and provided counterarguments related to the 13th Amendment and the nature of abortion rights.
Pro's arguments were more compelling to me. Their effective rebuttals led to a more persuasive presentation of their case. I found their counterarguments offered a clearer interpretation of legal texts. The contradictions brought up personally made sense. When Con made an attempt to address those contradictions, the explanations did not fully resonate and make sense to me.
Con cited various sources, from historical documents to legal definitions, which greatly supported their case. Pro used legal and historical references to challenge Con's points. However, the sources often seemed less focused on directly supporting their counterarguments. The sheer amount of sources on Con's side was also a persuasive element.
The conduct point was given to Pro because Con included vulgarity and a highly emotional approach. It certainly impacted my evaluation of their overall performance. Pro’s adherence to a more respectful approach contributed positively to their evaluation of conduct. Con's authoritative approach may have very well resonated with other judges, but not with me.
You don't have to give me an explanation for your beliefs. I'm just curious whether you think abortion is right or wrong. You can give me an in-depth explanation too if you'd like.
Actually a really complex question to answer, and much of what I began to type touched on topics from the debate (remind me after voting ends and I'll answer in depth).
One thing I can say is that I really think the whole issue gets looked at quite backwards. I don't understand how we can have forced births and not forced vasectomies.
I notice it says you are a Catholic on your profile. What do you think about abortion from a theological perspective? Do you think it's right or wrong?
I should have a little time in the next day or two to finish this up.
The website outage threw off my schedule. And tonight I had to take care of a couple things… However. I have not forgotten this debate. Got most of my next round written, I shouldn’t have any difficulties finishing it in the morning.
I am trying not to read it, because I don't want to spoil it for myself when I go to vote.
I just knew when I saw that statement I wanted to see what you referring to as modern day slavery and I was not disappointed
My apologies for any difficulty.
https://southpark.cc.com/video-clips/444m6e/south-park-stu-dent-ath-o-leets
Was correctly labeled, but should have been on the source list (not getting it there, is how another also got called 11)
https://www.npr.org/2022/08/18/1111344810/abortion-ban-states-social-safety-net-health-outcomes
Should have been 12, with its reference updated to match.
If you had to pick just one, it would be this one (as the other was just witticism from Trey Parker and Matt Stone).
...
Anyways, I hope you're enjoying the debate.
I'm not going to lie. that comment was comedy gold.
I have a question about your citations.
which one of these citations are citation 11 for round 1.
11. https://southpark.cc.com/video-clips/444m6e/south-park-stu-dent-ath-o-leets
or
11. https://www.npr.org/2022/08/18/1111344810/abortion-ban-states-social-safety-net-health-outcomes
I recognize that responding to each point individually isn't always the most effective strategy. However, failing to address everything your opponent mentions may come off as an admission or could be misconstrued as conceding points by omission. That is why we are both going line for line as you said.
My aim was not to solicit advice but rather to hear your opinion on our recent arguments, as I enjoyed your perspective. I am sure, though, that although the primary focus of the debate should be on whether women have a constitutional right to abortion rather than the 13th Amendment, it will be quite challenging for the opposition to legally establish any relevance of the 13th Amendment to the issue of abortion. Nevertheless, I find the debate engaging and hope you share in the enjoyment.
I don't think it would quite be appropriate for me to give specific advice in the middle of a debate. I've skimmed through the latest few rounds. Both you and Barney seem quite dedicated to the line-by-line rebuttal in this particular debate, which I have to say I'm not really a huge fan of. In the end, I think this one is all going to come down to who wins on the argument about the 13th amendment, at least as far as my vote is concerned. I'll have to wait and see how these last two rounds go.
Barney isnt gonna lose this one, even if that is the actual wet dream of some people.
I'm a little bit busy with a game of mafia right now, but I'll read through them tonight.
We just made two new arguments. I would love to hear your views on both sides.
Honestly, Pro is doing decently well so far. Barney is a good debater, but AmDeb is holding his own. The point he brought out at the end of Rebuttal #3 was both surprising and very strong imo. I could see this being Barney's first defeat, though at this point it's still anyone's game.
is it possible? Could it be, your very first lost after 100+ debates... I wonder, if he's finally got you! This is perhaps the only topic plus opponent you've picked so far that are severely challenging in my opinion. Besides that one Oromagi debate you had way back on DDO...
My argument is almost ready. Next time I have time to add another paragraph or two and proof read everything I’ll post it.
Don't cower or cry. If you know you can refute people, you don't have to run from them.
A good fighter doesn't run from a no challenge bum or scrub.
>Does that apply to writing and other forms of expression as well? Or literal just to what our forefathers wrote, the spoken word? Also do any instances of 'man' and such refer to woman equally?
I do not really understand the questions here because the First Amendment makes it pretty clear that my ability to freedom of speech is absolute. Yes, it only applies to government and private entities such as your place of employment or public platforms can retaliate in ways from firing me, banning me, and suing me. However, the fact remains that I cannot be silenced because my ability to speak is protected by the First Amendment.
The wording of the Constitution has not been changed since it was written, so there is no difference in what the Constitution says now as opposed to what the forefathers originally said. The only argument you could make is to point out that other amendments were added after the forefathers died. Still, even then, that doesn't change the fact that many of the beginning Amendments, including Free Speech, were authored by our founding fathers.
Also, the Constitution's criteria are based on CITIZENSHIP, not GENDER. So any rights or laws governed by the Constitution apply equally to men and women both.
> Also please add your definition of constitutional right into the description.
I don't go by subjective definitions when it comes to the law, as it is not a matter of personal opinions. The definition of Constitutional rights is any rights granted to you by the Constitution. They are generally categorized under the American Bill of Rights. https://www.law.cornell.edu/constitution/billofrights However, other rights, such as women's and African American rights to vote as well as the right to vote at 18, exist as well.
> You may also want to add a few details of the types of abortion you are applying this to. Human (obviously), before the end of the third trimester, but second trimester forward or conception forward or what? And are you wishing your ban to allow exceptions for instances of rape, health issues (hopefully at least ectopic pregnancies), or anything else?
Well, there are no different "types" of abortion. Abortion is the wish to terminate a pregnancy. And no, the point of this isn't to advocate for or against abortion. I am saying that from a Constitutional standpoint, women do not have the right to have an abortion, and I am inviting anyone who thinks otherwise to challenge that position.
I just noticed that there's a long argument window, so my busy schedule would probably allow it... So it's tempting
And yes, I know I'm trying to be done with debating, but abortion debates call to me... I don't even take them that seriously, in the last one I used Xenomorphs as a (weak and just there for the lols) argument for forced abortions.
-> when I insist I have a right to free speech Constitutionally
Does that apply to writing and other forms of expression as well? Or literal just to what our forefathers wrote, the spoken word? Also do any instances of 'man' and such refer to woman equally?
Also please add your definition of constitutional right into the description.
You may also want to add a few details of the types of abortion you are applying this to. Human (obviously), before the end of the third trimester, but second trimester forward or conception forward or what? And are you wishing your ban to allow exceptions for instances of rape, health issues (hopefully at least ectopic pregnancies), or anything else?
>It is forcing pregnancy for those already pregnant.
Again, unless it's rape, that was the consequence of their actions.
>Really, you are making the argument, "If you don't want kids, then don't have sex." Really, the only people that can make this argument are those that are waiting until marriage to have sex (which I'm willing to, but only 3% of the US population actually is willing to do).
I don't know what to tell you; I didn't invent biology. You choose to have sex recklessly, and without thinking, you will end up with a child. Most people realize when they are older that sex is not all that important and has consequences. You don't have to wait till marriage; you have to be responsible. Know the laws in your state, look at your finances, ask yourself if parenthood is worth the risk, and let the chips fall where they may.
>The claim that, "Consent to sex is consent to pregnancy" is a claim that those wanting to ban abortion agree with and those wanting to legalize it disagree with.
Pregnancy is the result of sex. That is basic biology and the result of one's choice. It has nothing to do with consent. I don't care if abortion is banned or not. I care about keeping it factual.
As for the rest, I fail to see what's important about your bulletin. Because facts don't care about feelings and facts are all that matter. The fact is, if a woman decides to have sex with a man, she is playing a game of, "Will this get me knocked up or not?" Once she does this, whatever actions that happen is what she brought on herself. It doesn't matter what others think about or if she does it in the name of "good" or natural. You don't want to have kids? Don't have sex. Too easy.
Surprised you haven't accepted. This seems right up your alley.
->Denying the right to abortion is not forcing pregnancy.
It is forcing pregnancy for those already pregnant.
->So, my rebuttal to that argument if people present that to me is, "Women don't need to have sex." It's as simple as that.
Really, you are making the argument, "If you don't want kids, then don't have sex." Really, the only people that can make this argument are those that are waiting until marriage to have sex (which I'm willing to, but only 3% of the US population actually is willing to do).
The claim that, "Consent to sex is consent to pregnancy" is a claim that those wanting to ban abortion agree with and those wanting to legalize it disagree with.
I am confused as to which side I take on this debate.
Really with all activities you can do that are dangerous, you can say, “If you don’t want the risk, then don’t do the activity”. But with all of these activities (except for sex), if things go south, then you can legally get treatment in all 50 states since you aren’t harming anyone by getting treatment for the vast majority of activities (you aren’t harming anyone significantly if you put ice on your hand after a burn from matches).
Find some situation that meets all of the following criteria:
1. Feels very good to do on a natural and instinctive level.
2. Has plausible risk to it if things go very south.
3. Treatment would harm some other entity significantly
And one bullet point from the following criteria:
4. Therefore, you should not be allowed to get the treatment due to the significant harm it would cause to others.
5. Despite this, you should be allowed to get the treatment despite the significant harm it would do to others.
It’s easy for me to think of many situations where 1 and 2 are met. It’s much harder for me to complete 1-3 and then get 4 or 5. Your answer for 4 or 5 should be something pretty much everyone agrees with.
If you want to establish the belief, "If you don't want pregnancy, then don't have sex" then you must find some situation that means bullets 1-3 and 4 while also acknowledging that if you get a situation that meets 1-3 and 5, then you should become pro choice.
Denying the right to abortion is not forcing pregnancy. No one says, "You woman. You must have 3 children before your 20th birthday." When women have sex, they run the risk of getting impregnated, excluding cases of rape that are entirely on them. So, my rebuttal to that argument if people present that to me is, "Women don't need to have sex." It's as simple as that.
As for the 14th Amendment, while it is true that only people born in the US are natural citizens, it does not OK murder, nor would that even be relevant to the 14th Amendment. Abortion itself being considered murder would depend on the state.
I know these are not your arguments. But I felt offering how I view them.
I mean, if you view constitutionality through the eyes of constitutional law, then there really isn't a debate here. Under the Dobbs decision, it is no longer considered a constitutional right. If you were to ask whether it *ought* to be considered one, however, that would be a more interesting question.
My definition of a Constitutional right is that it has to be based in some way on the Constitution. That is how the law works. For example, when I insist I have a right to free speech Constitutionally, I have to cite where that comes from within the Constitution itself. In this instance, the First Amendment. The 13th and 14th Amendments don't mention abortion, so they cannot be used as a basis to say that the right to abortion is within them.
The 13th amendment outlaws slavery. Pro-choice advocates argue that forced pregnancy is slavery.
The 14th amendment says one group of people that are Citizens. Pro choices argue this means that only those born in the US are Citizens and that it's ok to murder someone if they are not a Citizen.
I don't agree with these arguments, but if you want a good rebuttal to them, then look at comment 7.
13th amendment: Outlaws slavery
I wonder if you would argue that a deadbeat dad being forced to pay child support without his consent is slavery since some of his work gets unrewarded since the kids get the money.
14th amendment: States one group of people who is a US citizen (those born here)
This amendment is not exclusionary. It doesn't say, "Only those born here are Citizens". It says, "Those born here are Citizens". But lets say we claim that an unborn kid isn't a Citizen. Fine. You know who also isn't Citizens? Tourists in the US. So unless you believe it's ok to murder tourists because they aren't Citizens, then I recommend you drop this amendment as a reason to justify legalized abortion.
What is your definition for constitutional right?
I don't give a shit how many times you come to my comment section and call me a coward. I blocked you because you never debate with any intention of staying on topic or even acknowledging the points anyone makes. Arguing with you is simply a waste of breath.
Don't take this the wrong way, but I seriously need to know where you got that kind of education from. The 13th and 14th Amendments neither mention abortion nor are they relevant. The 13th Amendment is about abolishing slavery: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." https://constitution.congress.gov/constitution/amendment-13
The 14th Amendment is about citizenship status, prohibiting people guilty of insurrection from taking political office, and other issues. None of them include women reproductive rights. "Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
https://constitution.congress.gov/constitution/amendment-14/
there is nowhere in the Constitution that says women have the right to an abortion.
Cowardice.
Whether or not women have a constitutional right to an abortion is irrelevant. The debate title should be, "Women SHOULD have a Constitutional right to abortion." If you disagree with this, then pick con. The status quo has a place at the table, but many people disagree with it.
There could be some amendment that says, "Abortion is legal nationwide until the moment of birth", and I would argue that that amendment should be repealed even if it's protected.
Bad laws should get eliminated.
Only if you forget about the 13th and 14th amendments... Probably some others as well.