Thursday, November 26, 2009

Liberty equals Privacy and Privacy equals Abortion?

I am really confused about the meaning of the 14th Amendment and how it is being incorporated today.

The Supreme Court’s Roe v. Wade decision prevents states from outlawing abortion. The argument was that a woman’s right to an abortion falls within the right to privacy which is protected by the 14th Amendment. (where is privacy mentioned in the 14th amendment?)The decision gives a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling. Prohibiting abortion is a violation of the 14th Amendment, according to the Court.

When I read the 14th Amendment I didn’t find any reference to abortion. The 14th Amendment, passed in 1868, was meant to protect freed slaves from persecution and unlawful imprisonment, and to make sure they enjoyed equality under the law.

In the Roe v. Wade case the court interpreted liberty to include a "right to privacy", and then they figured that if women have a right to privacy, then that must include the right to have an abortion, since it's their body and bearing or not bearing a child is a very private matter. Under the 14th Amendment’s “personal liberty”, women are given the right to receive an abortion. With this right, women are now able to enjoy, like men, the rights to fully use the powers of their minds and bodies.

It is not my intention to discuss whether abortion is right or wrong. Instead I want to discuss why the 14th amendment is applied to abortions but not prostitution? If the Constitution embraces a woman’s right to terminate her pregnancy because her body is a private matter then why is not a private matter for a woman to sell her body for money?

The way I interpret the Court's decision based on the 14th Amendment is that anything affecting a woman’s body is her choice, therefore prostitution laws are unconstitutional.
The anti-prostitution laws which are in effect are violating the rights of the prostitutes. They deny the prostitutes what the American Constitution allows them. Prostitution is the voluntary sale or rental of a labor service. People use their own bodies for their services, and have the absolute right to decide how those labor services should be used. As long as prostitution is voluntary, there is no justification for government interference. The Fourteenth Amendment of the American constitution states that all individuals have the right to life, liberty, and equality. Prostitution is therefore not a moral issue, it is a constitutional issue and should not be outlawed in 49 states.
If the 14th Amendment is about equality, why is it not being applied equally?

Thursday, November 12, 2009

It is not about wrongful conviction, it is about wrongful punishment!

Misty discusses the issue of death penalty on her blog http://www.01281985.blogspot.com/, and although I should have learned from past experiences that discussing this topic with Americans makes just as much sense as discussing why Chinese like to eat so much rice, I just can’t resist; I have to comment on her post.

The research Misty has done already brought out some of the facts why the death penalty isn’t worth it.

1) Yes executions cost a lot more than keeping someone in prison for life without the option to parole.

2) Innocent people have been executed. My neighbor is a police officer and tried to convince me that this happens very rarely. The wrongful execution of an innocent person is an injustice that can never be rectified. So I would say, the wrongful execution of just one innocent person is more than enough to stop this kind of punishment.

3) Death penalty has racism written all over! Yes race does play a major role! The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country.

4) Last but not least: this kind of punishment does NOTHING! Scientific studies have always shown that executions do NOT deter people from committing crime anymore than long prison sentences. FBI data shows that all 14 states without capital punishment in 2008 had homicide rates at or below the national rate.

So this “eye for an eye” approach does not work and it is not human, because it would also mean that if you rape my little daughter I get to rape yours, if you burn my house down, I burn down yours… and wow this almost sounds like the “state of nature” to me. Is this what we really want?
No this “eye for an eye” thing is definitely not appropriate for a society which says it values human rights. And the death penalty is the biggest denial of human rights. It is NOT the right type of punishment because it doesn’t work.
Revenge. That’s what it is about. Nothing else. Just revenge for a terrible crime.
Does it bring back victims to life? No of course not! Does it help families with their grief? No, stories have shown it only makes them feel better for a short period of time. Death penalty is so wrong, it costs the taxpayer too much money, and it simply does not deter crime.