THIS PAGE IS KEPT HERE FOR HISTORICAL,  ARCHIVAL PURPOSES ONLY
The Ultimate Human Life Amendment was the first ever state Personhood Amendment introduced in U.S. History.  It was introduced in Mississippi by Pro-Life Dave in 2005.  This exact amendment is no longer promoted although some of its wording and concepts live on in other personhood amendments.  This web page was written many years ago and strategies and concepts change and improved over time so this page may not exactly reflect our current views.

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A Brief Overview

All it takes is One State to enact this as a State Constitutional Amendment and it will overturn Roe v. Wade and Abortion throughout the United States

Upon adoption of a precisely worded State Human Life Amendment, like the Ultimate Human Life Amendment, into any state’s constitution, and upon challenge in the federal courts, the federal courts will be legally maneuvered into adopting that state’s definition of person. When this is done Roe v. Wade will easily be overturned in the courts and a new ‘federal’ definition of persons that includes unborn children will be the ‘law of the land’ — making the killing of unborn children illegal throughout all states and U.S. territories.

THE LINKAGE is this:
If you are a citizen of a state then you are automatically a citizen of the United States and automatically given protection under the U.S. Constitution.  There is a similar linkage on personhood.  If a state declares  constitutionally that an unborn child is a person then automatically the U.S. Constitution provides protection for that person.  Federal judges will be legally maneuvered into recognizing unborn children and their rights under the U.S Constitution.

Blackmun
U.S. Supreme
Court Justice
Harry Blackmun

Architect of the 1973
Roe v. Wade Decision

“[If the] suggestion of personhood [for the unborn] is established, the [abortion rights] case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”

Roe v. Wade Decision
(Writing for the Majority)

More on this in the drafting notes and commentary on the UHLA.  Read the actual wording of Mississippi’s version of the UHLA, as proposed in their People’s Initiative 24.

BUT won’t overturning Roe v. Wade just send it back to the states?

Most people have heard the idea that once Roe v. Wade is overturned the issue of Abortion will go back to ‘pre-Roe’ times, the way it was before Roe in 1973, meaning it would go back to each individual state to decide.  This is a common belief and a dangerous misconception.  Those who repeat this idea cannot themselves give any underlying facts to support it.

To understand this better you must first understand on what basis CAN Roe be overturned.  Some think that a state can just ‘ban’ abortion and not have it overturned in a Federal Court.  This is not true.

Since Roe v. Wade the issue of Abortion has been “Federalized” it has become a federal or national issue and can never go back to the states.  This is because the U.S. Supreme Court declared that a woman, under the U.S. Constitution, had a ‘fundamental right’ to an abortion (viewed as a medical procedure in the courts) — along the line of thinking that everyone has the right to make their own medical decisions.

The only higher right than the woman’s fundamental right to make her own medical decisions is the right of an unborn child, a person, to life.  The ONLY WAY Roe v. Wade will be overturned by the federal courts is when they recognize an unborn child as a person, and thus weigh between the rights of the child and the mother.  In doing so they will adopt a ‘federal definition of person’ to include an unborn child making that definition ‘law-of-the-land’ and making the murdering of unborn children a crime throughout the all states and U.S. territories.

Listen to actual Audio from Roe v. Wade:


The ‘Banning Abortion‘ Strategy

Any state law or state constitutional amendment, that attempts to ban abortion’ outright will always be overturned in the federal courts.

To understand the Federal Courts better let’s take a look at this question:
Does a person have the right to make their own medical decisions?
The common sense answer is obviously YES.   This is a fundamental right.

At the present, all courts consider abortion a medical decision, so any legislation that is worded to heavily restrict or outlaw abortion will fail because the courts view it as ‘taking away’ from a woman’s rights, a legal ‘negative’.

Most of the federal courts cases you’ve heard about dealing with abortion have been like this, when a state tries to ‘regulate’ or to ‘limit’ the circumstances and instances in which an abortion can take place.  In these cases the federal courts are forced into a position of weighing between the ‘rights of a mother’ and the ‘rights of the state government’.

The ‘Unborn Children are Persons‘ Strategy

The only way to end abortion is through a state constitutional amendment that legally recognizes unborn children as persons, a legal ‘positive’. This grants or recognizes the human rights of unborn children and would automatically legally maneuver the Federal and state courts into doing the same.

This approach frames the question properly:
Should we protect unborn children from being killed since they are human beings?  The common sense answer is obviously YES.  A baby’s Right to Life outweighs the mother’s fundamental right to make her own medical decisions, except when saving her own life.

The correct strategy is to maneuver the federal courts into weighing between the right of the unborn child and the right of the mother.  When you do that the federal courts will eliminate all abortions, except to save the life of the mother.

The Main Goal of the Pro-Life Movement

Since the beginning of the modern Pro-Life Movement in the early 1970s, the top goal of every Pro-Life Organization has been to get Congress to pass a Human Life Amendment to the U.S. Constitution knowing the effect would easily overturn Roe v. Wade and abortion in America. In over 30 years Congress has never allowed it to come to a vote, so trying to get anything pass through Congress has been impossible.

If not Congress then what about the states?  Our ‘constitutional rights’ are historically and primarily protected in our state constitutions, not the U.S. Constitution.  This concept led to the rise of the Ultimate Human Life Amendment (UHLA), a model STATE constitutional amendment that protects the Right to Life of all persons equally, from conception until natural death.  A STATE Human Life Amendment has NEVER been tried before!  The UHLA is THE FIRST-EVER STATE Human Life Amendment introduced in American history.  The Mississippi version of the UHLA was introduced as a People’s Initiative on November 1, 2005.   (see:  www.Initiative24.com)

The Ultimate Human Life Amendment (UHLA) contains these key components necessary to overturning Roe. v. Wade:

  • CONSTITUTIONAL RIGHTS:
    Recognizes unborn children as ‘persons’ legally as a state constitutional right (state laws are not good enough).

  • EQUAL ENFORCEMENT OF MURDER LAWS:
    State government must enforce and prosecute the killing of a person (born or unborn) under the same murder laws equally and may not use any ‘special’ abortion laws.

  • NO EXCEPTIONS:
    The State government must not be allowed to have ANY exceptions to abortion, other than to save the life of the mother.

More Details about overturning Roe v. Wade

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The wording of a State Human Life Amendment (aka Personhood Amendment) is extremely crucial.  It must contain these following elements.

  • ACTIONS SPEAK LOUDER THAN WORDS
    The Supreme Court LOOKS AT BOTH a state’s laws (including constitution) and the state’s actions, what they do.  To convince the Supreme Court any state is serious about a declaration that an unborn child is a person, the state must enforce the amendment.  In Mississippi Initiative 24, the Ultimate Human Life Amendment, we place this mandate upon the state to do just that: 
    “…the government of the state of Mississippi shall recognize and defend the God-given Right to Life of all persons equally…”  So now the state is forced to halt all prosecution for murder (not likely) or will have to start prosecuting for murder of the unborn.

  • PERSONHOOD & THE DUE PROCESS CLAUSE
    This bears repeating:  We have laws against murdering a person.  The only problem is current federal case law does not recognize an unborn child as a person.  So using a constitutional amendment process we can establish the definition of a person to include an unborn child.
    From the Ultimate Human Life Amendment, Mississippi Initiative 24:
    The word “person” shall apply to all human beings…
    …at all stages of biological development from fertilization until natural death.

    Person must be defined to include unborn children and must include provisions for for non-sexual, artificial laboratory creation of unborn children.  In addition the definition of personhood must be connected to the due process clause already in the state constitution which reads:  “Section 14.  No person shall be deprived of life, liberty, or property except by due process of law.”   Mississippi Initiative 24 states:  “in accordance with Section 14” This is in most state constitutions in one form or another but an unborn child would have to be convicted of a capital crime and tried before they could be sentenced to death — again not likely.

  • NO EXCEPTIONS
    If people and politicians only knew that providing an exception for rape or incest is what got us into this entire mess with abortion in the first place they might think twice.  If any exception is given to kill an unborn baby, except when saving the life of the mother, then the state is proving that it does not believe an unborn child is a human being.  This was the case for prior to Roe v. Wade and the case for the State of Texas under which Roe came from.  In Roe, Texas argued before the Supreme Court that unborn children were human beings and persons due protection.  The Supreme Court did not believe them because their laws and actions of the state said otherwise, as in point #1 above shows.  Their talk, their law (and constitution) must match their actions.

 

Click Here to read the full commentary and notes on the drafting of the Ultimate Human Life Amendment.

This Page is Located at:
www.
ProLifeDave.com/uhla/overview

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 (c) Copyright 2004-2015  Pro-Life Generation.  All Rights Reserved.
yhwh
THIS PAGE IS KEPT HERE FOR HISTORICAL,  ARCHIVAL PURPOSES ONLY
The Ultimate Human Life Amendment was the first ever state Personhood Amendment introduced in U.S. History.  It was introduced in Mississippi by Pro-Life Dave in 2005.  This exact amendment is no longer promoted although some of its wording and concepts live on in other personhood amendments.  This web page was written many years ago and strategies and concepts change and improved over time so this page may not exactly reflect our current views.