Abortion and the CPAZ Platform by Mark Hubler

I receive many inquiries and some criticism about the Constitution Party’s position on abortion. Some people agree with our basic premise, but think we put too much emphasis on this issue. Some think the government has no right to legislate in this area. A common opinion among many Libertarians I have spoken with is “you cannot legislate morality.”

As far as the claim that we put too much emphasis on the abortion issue, I would like to say a couple things. First, this is just one of the many issues on which the CPAZ takes a firm stance. There are many others on which we take an equally firm stance. Second, if protecting the lives of 48 million innocent babies is not worth standing up for, then what is?

The other criticism received mostly from Libertarians is that “you cannot legislate morality.” To that I must respond that all legislation is about morality. If you want a law to protect your freedom, that is a moral law. If you have a law to prevent the government from taking your land, that is a moral issue. If you want to stop massive spending and increases in taxes, those are moral issues. If you put a murderer or rapist in jail, that is a moral issue. All law is the legislation of morality. I understand the attempt to separate the ethical/moral issues from the civil/legal issues, but in reality they are all moral issues.

As the preamble to our platform recognizes, our nation was founded by Christians, and our Constitution is based on the Jewish and Christian worldview found in the Bible. To deny this is to misunderstand the founding of our nation, and to deny the facts of history. I will address this issue with that fact as the basic premise.

In order to clarify the reasons for the Constitution Party of Arizona’s position on the issue of abortion, I will approach it from two perspectives. First, as a Christian I will address it from the Biblical position. Second, I will address this issue from a purely constitutional position. In other words, where in the Constitution is this issue supported?

The Biblical Viewpoint

First, God is the author of life. The Bible begins with the creation story, and on the sixth day of creation, God created man (Genesis 1:26). Since God is the one who created man, only God has the right to take man’s life. After Adam’s sin the world became increasingly sinful and rebellious toward God. Eventually God judged the world by a flood. This is the story of Noah and The Great Flood found in Genesis 6-8. After the floods had subsided from the earth, Noah and his family came out of the ark. At this time, God gave some instruction to Noah, and by default, all mankind. In Genesis chapter 9, verse 6 God says “Whoever sheds man’s blood, by man his blood shall be shed; for in the image of God He made man.” God firmly established the death penalty for the sin of murder.

God further established that murder is wrong in the Ten Commandments. You can find these in the book of Exodus, chapter 20, verses 1-17. Exodus 20:13, the sixth commandment, says “Thou shall not murder.” You can also find these Ten Commandments etched in stone on the walls of the US Supreme Court Building, a testimony to the fact that the origins of our law are based firmly on the Bible.

It is clear that only God can give life, and therefore only God can take life. No one else has this right, and to do so is wickedness in God’s eyes, and is deserving of death.

So now the key question is: When does life begin? In the next chapter of Exodus, chapter 21, God begins to explain the Ten Commandments, and give specific application. In Exodus 21: 22-25 God gives the scenario of a man striking a woman who is pregnant, and makes it very clear that if the unborn child dies, that man is guilty of murder and his life must be taken. According to God, killing an unborn child is murder and must be treated as such. Life begins in the womb.

Here are three more passages of Scripture that make it clear that life begins in the womb.

Psalm 139:13-15 “For You formed my inward parts; You covered me in my mother’s womb. I will praise You for I am fearfully and wonderfully made; marvelous are Your works, and that my soul knows very well. My frame was not hidden from You, when I was made in secret, and skillfully wrought in the lowest parts of the earth.”

Ecclesiastes 11:5 “As you do not know the way of the wind, or how the bones grow in the womb of her who is with child, so you do not know the works of God who makes everything.”

Isaiah 44:2 “Thus says the Lord who made you and formed you from the womb...”

It is crystal clear from Scripture that life begins in the womb. And that if a woman is harmed while with child, and that child dies, the perpetrator is guilty of murder.

The question, then, is exactly when in the womb does life begin? I ask you to carefully consider this question. With modern technology and science, we can see clearly that life does begin prior to birth. So let’s begin with the 20th week of gestation, which I believe is the latest a woman can have an abortion. Does life start, then, at week 21? What if life begins at 19 weeks? How about 18?

According to mainstream science, at 8 weeks of pregnancy, the embryo is six weeks old. At this time the baby is a half inch long and its heart is beating. So obviously if there is a heart that is beating, we must accept this as life. So what about 7 weeks? You see where this is heading. According to common accepted science, it is only 8 DAYS after conception that the fertilized egg attaches itself to the uterine lining. Let’s cut to the chase...life begins at the time of conception. This is a fact supported both by the Bible and modern science.

The Constitutional Viewpoint

Many people will say at this point that this is a personal religious opinion, and therefore the government should not get involved. Let us be clear on this, the government has already been involved. The United States government has given its blessing on abortion, and since Roe vs. Wade in 1973 has forced this ruling on every state in the Union. The result is that 48 Million unborn children have been murdered with the full support of our government.

Let us first take a look at the ruling by the US Supreme Court in Roe vs Wade. The US Supreme Court declared that it could not resolve the “difficult question of when life begins” and on this basis gave the right to abortion based on privacy rights. The court further said “If...personhood (for the unborn) is established, the appellant’s case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the Fourteenth Amendment...” (Roe vs Wade [410 US 113 at 156-7]). The crux of this flawed decision by the Supreme Court is that they could not determine when life actually begins.

Next we will look at the US Constitution. Before we do, it is important to realize that the Declaration of Independence sets the groundwork for understanding the Constitution. It is the foundation on which our Constitution was built. Here is a portion of the Declaration: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” The Declaration of Independence establishes clearly that the primary role of government is to protect the God-given unalienable rights of all humans; the right to life, liberty, and the pursuit of happiness.

Furthermore, the US Constitution, Fourteenth Amendment, Section 1 says the following: “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 derive 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.” The Fourteenth Amendment to the US Constitution also clearly establishes that no one is to be deprived of life, liberty, or property without due process of law. Obviously an unborn child who is aborted is not offered due process of law.

The US Supreme Court’s own statement in Roe vs. Wade demands its’ own repeal.

Life begins at conception. To deny this is to deny the clear teaching of the Bible, which forms the foundation of our system of government and law. To deny this statement is also to deny the clear findings of modern science.


Since the ruling of Roe vs Wade, there have been 48 million innocent, unborn babies murdered in this country with the full approval of our government. This is far worse than the genocide of Adolph Hitler! It is time we put an end to the massive bloodbath in our nation.

Many people object because of circumstances. They argue “what about rape and incest?” Although I am sympathetic to the issues surrounding these questions, it does not justify the action of abortion. We also need to recognize that this argument is based on an emotional response, and meant to confuse a simple issue. This argument is meant to appeal to our emotions and to justify the murder of 48 million innocent children. The number of cases of rape and incest that result in pregnancy is a very small percentage, yet it is this argument that goes the furthest to protect the right of a mother to choose the death of her child. The overwhelmingly vast majority of the time, abortions are elected for convenience, and convenience only.

Think about the following scenario. If you were sitting in your house one day and your neighbor on the East broke in your front door and murdered your daughter, does that give you the right to go to the neighbor on the West and kill him? Of course not! Well, what is the difference between that scenario and allowing abortion in the case of rape and incest? The baby in the womb has done nothing wrong, and is 100 % innocent of the crime that has been committed. Why then do we sentence the guilty criminal to a few years in jail, yet murder the innocent child? I fear it is because the child is helpless and cannot speak up. He cannot hire an attorney, take you to court, etc. It is easy. Murder the helpless. Go easy on the rapist. I have a plan, rooted firmly in our Constitution and the Bible. How about we begin to execute the rapist, and let the innocent child go free?

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