Instigator / Pro
2
1500
rating
2
debates
100.0%
won
Topic
#4344

Abortion should be legal

Status
Finished

The debate is finished. The distribution of the voting points and the winner are presented below.

Winner & statistics
Winner
2
1

After 2 votes and with 1 point ahead, the winner is...

coolguy1234
Parameters
Publication date
Last updated date
Type
Standard
Number of rounds
3
Time for argument
Two weeks
Max argument characters
10,000
Voting period
Two weeks
Point system
Winner selection
Voting system
Open
Contender / Con
1
1500
rating
2
debates
25.0%
won
Description

Abortion should be legal. Pro argues that abortion should be legal, while con argues abortion should be illegal. We are arguing specifically about whether abortion should be legal or not, not about whether abortion is murder, immoral, or anything like that. Just the legality of abortion.

DEFENITIONS:
Abortion: The deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy. (Oxford Languages)
Murder: The unlawful premeditated killing of one human being by another. (Oxford Languages)
Fetus: An offspring of a human or other mammal in the stages of prenatal development that follow the embryo stage (in humans taken as beginning eight weeks after conception)

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@Hs400

"Abortion is murder. Also, abortion is literally depriving someone of life, so your argument that the US would be unconstitutional because it is depriving someone of a liberty, abortion is depriving someone of a life."

I'm afraid that's incorrect. The Constitution doesn't state that depriving someone of life is unconstitutional; it only asserts that loss of life, limb, or liberty without due process is unconstitutional. Additionally, this applies solely to US citizens, and since citizenship begins at birth, unborn children do not meet this criterion.

Additionally, despite the scientific evidence that a fetus is alive, the US Constitution neither mentions nor prohibits abortion. States determine the legality of abortion, and even in states where it is illegal, women who have unlawful abortions are not charged with murder. While you are entitled to view abortion as a murderous act, current federal and state laws do not align with this perspective.

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@SamuelWH

"The Declaration of Independence was a document of justification. True, it was directed towards the king of England and true is was a document justifying the independence of the thirteen colonies. However, when that document states, "We hold these truths to be self evident", this is a proclamation of the foundational truths to which the founding fathers held; the basis of everything they did, the foundation that they held to be unquestionable is here listed."

The Declaration of Independence is unrelated to the civil rights listed in the US Constitution because the former was written in 1776, primarily for the purpose of announcing and justifying the separation of the 13 colonies from Great Britain. In contrast, the US Constitution was drafted in 1789 to replace the Articles of Confederation, which failed to maintain a stable government for more than a decade. Consequently, nothing written in the Declaration of Independence serves as a basis for the US Constitution and vice versa. It is essential to understand this distinction before making claims about civil rights.

"The law does not justify itself, it is merely a list of dos and don'ts. However, the law does need to be justified. The law does not mention religion as its justification as the law doesn't mention anything as its justification."

This statement is entirely incorrect, as the Constitution explicitly states otherwise. "The Congress shall have the Power To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." https://constitution.congress.gov/browse/essay/artI-S8-C18-1/ALDE_00001242/ Take time to review your understanding of the US Constitution before making bold claims, such as it not mentioning any justifications for the laws it contains.

" That is why, in order to figure out what said justification was, we must turn to other sources, which is what I'm doing."

In reality, you are making baseless statements about a constitution that, according to your own testimony, is not based on the Constitution itself but on unrelated sources. This is why you make false claims, such as the laws in the Constitution not justifying themselves, which I have debunked using the Necessary and Proper Clause found in the US Constitution itself.

"So, I'll ask again, what is your evidence that supports your view as to the foundational justification for the Constitution; particularly, of course, the rights protected by the Constitution? You say that it was entirely logical--completely separate from the belief of morality or religious ideals. What is your evidence for this claim?"

My evidence is that the Constitution's language clearly states that religion is not a basis for making state decisions, such as laws. You have not provided any evidence from the Constitution itself to support your argument. Additionally, you have admitted that the Constitution does not mention religion as a justification for its foundations, yet you continue to argue based on irrelevant sources that contradict the Constitution's wording. I never claimed that the Constitution's framework lacked any moral projections from the Founding Fathers. I simply stated that they did not incorporate religious beliefs, as they were firmly against the idea of combining state and religion, whether through an institution like a church or otherwise.

The more appropriate question is why you attempt to make claims about the Constitution and its principles using unrelated sources. Logic dictates that if one argues a legal document has religious justifications, they should extensively research the Constitution and provide quotes from the document to support their position. However, you have not done this and instead rely on external sources, claiming that the Constitution does not justify its own foundation, which is inaccurate.

In reality, you are merely cherry-picking sources that are not from the Constitution to gain credibility, as the Constitution either does not support your beliefs or specifically goes against them. The separation of religion and state is made clear in the First Amendment regardless if you acknowledge this fact or not.

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@Americandebater24

"However, it is unrelated to the US Constitution, as the Declaration was written in 1776 to establish legal separation from Great Britain and is not a foundation of our laws. Additionally, the Constitution, on which all federal laws are based, makes no mention or implication of religion as the justification or foundation of our civil rights."
The Declaration of Independence was a document of justification. True, it was directed towards the king of England and true is was a document justifying the independence of the thirteen colonies. However, when that document states, "We hold these truths to be self evident", this is a proclamation of the foundational truths to which the founding fathers held; the basis of everything they did, the foundation that they held to be unquestionable is here listed.
The law does not justify itself, it is merely a list of dos and don'ts. However, the law does need to be justified. The law does not mention religion as its justification as the law doesn't mention anything as its justification. That is why, in order to figure out what said justification was, we must turn to other sources, which is what I'm doing. So, I'll ask again, what is your evidence that supports your view as to the foundational justification for the Constitution; particularly, of course, the rights protected by the Constitution. You say that it was entirely logical--completely separate from belief of morality or religious ideals. What is your evidence for this claim?

"or the Constitution to provide a legal stance on abortion, it must be specifically mentioned. Constitutional analysis only applies to issues addressed in the Constitution. For example, the Supreme Court had to use constitutional analysis on flag burning to determine whether or not it was protected as a form of speech. They concluded that it ultimately was, because flag burning is a way to express disagreement and no manner of speech can be prohibited according to the First Amendment."
And where exactly is "flag burning" in the Constitution?
It's not in there. The reason that the Constitution was applicable to the subject of flag burning was because someone took a logical approach to make that connection between flag burning and freedom of speech. All that I am doing is making a connection between the killing of a fetus and the law protecting the rights of a "person" found in the 5th amendment.

"As previously mentioned, your understanding relies on hearsay rather than the actual comprehension of the laws themselves. Grasping the mindset of the founding fathers is crucial, particularly regarding their views on the Constitution."
As I previously mentioned, the law does not justify itself. You may study the law all you want, but in order to understand its justification or understand the principles behind it, you must look to outside the written law.

" Contrary to your assertion that the founding fathers' religious views influenced the Constitution, the First Amendment actually separates religion from the state. for example, providing a religious justification for any state action would violate this amendment, thereby disproving your claim."
Once again, it separates CHURCH and state. The first amendment has nothing to do with the justification or principle behind the law, only the law itself. It states that a law cannot be made "respecting an establishment of religion (a church or some would say an official, forceful establishing of national religion)", or prohibiting the free exercise thereof". This law clearly has nothing to do with the justification behind the law. As I already stated, religion (or its views) was not specifically stated in the law, but that does not mean that it wasn't the justification for it.
So no, when you read the first amendment, it is clear that it is not violated by religion being the foundation for the law.

Abortion is murder. Also, abortion is literally depriving someone of life, so your argument that the US would be unconstitutional because it is depriving someone of a liberty, abortion is depriving someone of a life.

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@SamuelWH

Just because a particular issue is not clearly stated in the Constitution does not mean that the Constitution does not apply to that issue. My point is that the Constitution DOES provide a legal answer, it just isn't specifically stated. This is called Constitution analysis, interpretation, and application. This is the process that our Chief Justices must use all of the time in order to judge particular issues, especially those, like abortion, which do not clearly appear in the Constitution. No law can clearly and specifically apply to every case or issue that can arise which is why it is important to have Justices who are well versed in not only the law, but also the interpretation thereof."

The 10th Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." For the Constitution to provide a legal stance on abortion, it must be specifically mentioned. Constitutional analysis only applies to issues addressed in the Constitution. For example, the Supreme Court had to use constitutional analysis on flag burning to determine whether or not it was protected as a form of speech. They concluded that it ultimately was, because flag burning is a way to express disagreement and no manner of speech can be prohibited according to the First Amendment. Abortion is not mentioned in the Constitution or the 10 Amendments covering American civil liberties, so there is no constitutional analysis on the subject. Additionally, federal law supersedes state law, meaning if the Constitution supported or prohibited abortion, states could not make their own rulings. However, abortion remains a state-level issue rather than a federal one.

"I'm not saying that their decisions were "solely" on their moral beliefs, but it is illogical to think that they would completely throw their moral views "out the window" when drafting the law. Look to history; read the do-good letters, the federalist papers, the speeches made by the governing leaders at the time. History clearly shows that, though the Founding Fathers successfully kept specific religion out of the Constitution, fundamental religious views were a large part of the reasoning behind the Constitution."

As previously mentioned, your understanding relies on hearsay rather than the actual comprehension of the laws themselves. Grasping the mindset of the founding fathers is crucial, particularly regarding their views on the Constitution. However, if that is the sole basis for your understanding, you entirely miss the essence of the Constitution's purpose and its true directives. Contrary to your assertion that the founding fathers' religious views influenced the Constitution, the First Amendment actually separates religion from the state. for example, providing a religious justification for any state action would violate this amendment, thereby disproving your claim.

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@SamuelWH

"Yes, it does not explicitly state anything about any religion or God because that would be an overlapping of the institution of government over the institution of church; for the law itself to contain religion would not constitute religious freedom, but that does not mean that religion was not the fundamental basis for the law. The law does not have to contain religion in order to not have been established through a religious perspective. This perspective is clearly seen in the Declaration of Independence which outlines that the Founding Father believed that the rights clearly instituted in the Constitution are unalienable to every person and given by a creator"

The Declaration of Independence does mention our inalienable rights granted by a creator. However, it is unrelated to the US Constitution, as the Declaration was written in 1776 to establish legal separation from Great Britain and is not a foundation of our laws. Additionally, the Constitution, on which all federal laws are based, makes no mention or implication of religion as the justification or foundation of our civil rights. Therefore, American law is not based on any religious foundation, as the founding fathers established a secular government rather than a theocratic one.

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@Americandebater24

"That is not how the law works. If we acknowledge that the Constitution does not provide an answer to a legal question, then it means the issue is left to the states as dictated by the 10th Amendment."
Just because a particular issue is not clearly stated in the Constitution does not mean that the Constitution does not apply to that issue. My point is that the Constitution DOES provide a legal answer, it just isn't specifically stated. This is called Constitution analysis, interpretation, and application. This is the process that our Chief Justices must use all of the time in order to judge particular issues, especially those, like abortion, which do not clearly appear in the Constitution. No law can clearly and specifically apply to every case or issue that can arise which is why it is important to have Justices who are well versed in not only the law, but also the interpretation thereof.

"No, it does not destroy the purpose of representation. The founding fathers set aside their religious beliefs when making decisions, as they sought to establish a democracy rather than a theocracy. Representation is based on votes and elections, not religious worldviews."
And what serves the basis for what one votes for? If congressmen completely det aside their worldview, it would destroy representation because people who hold certain worldviews will not be represented. After all, what is the point of representation if all of the congressmen are coming from exactly the same perspective.

"As mentioned earlier, it is essential to study the law more thoroughly, as your current understanding is inaccurate. Concentrate on the legal provisions rather than quotes from famous individuals."
Once again, this is not so much a question of law, but rather the interpretation and application of the law. The proper method of interpretation has been a debate in America for many years.

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@Americandebater24

" Yes, the separation of church and state is indeed a distinction between religion and state. The Constitution makes no reference to any religion or God and explicitly states that Congress cannot create laws respecting the establishment of religion."
Yes, it does not explicitly state anything about any religion or God because that would be an overlapping of the institution of government over the institution of church; for the law itself to contain religion would not constitute religious freedom, but that does not mean that religion was not the fundamental basis for the law. The law does not have to contain religion in order to not have been established through a religious perspective. This perspective is clearly seen in the Declaration of Independence which outlines that the Founding Father believed that the rights clearly instituted in the Constitution are unalienable to every person and given by a creator.

"What can be used in making decisions besides fundamental beliefs in morality and ethics? Logic and education are essential factors. The founding fathers did not base laws solely on their moral beliefs, and the law does not need to be moral to be effective"
Logic is merely deduction, and I most certainly hope that it was used regardless of whether the approach was from a moral or historical perspective. As for education, the education of the Forefathers was clearly religious. The reason it is called a worldview is because it is a way of viewing the world. When someone truly holds the perspective of religion, it shapes their view of all aspects of their worldview, from history and biology to politics and ethics.
I'm not saying that their decisions were "solely" on their moral beliefs, but it is illogical to think that they would completely throw their moral views "out the window" when drafting the law. Look to history; read the do-good letters, the federalist papers, the speeches made by the governing leaders at the time. History clearly shows that, though the Founding Fathers successfully kept specific religion out of the Constitution, fundamental religious views were a large part of the reasoning behind the Constitution.
Lastly, what is your evidence that the Founding Fathers set aside their moral beliefs when writing the law? My quotes are a small look into the reality of the Founding Fathers worldview. Read their letters and their speeches; this worldview becomes clear. Some of these quotes even outline the Founding Fathers themselves stating that religion and civil matters are inseparable; that is more than hearsay, it is historical evidence to everything that I've said. So, what evidence do you have to support your claim?

". Arguing that the separation of church and state is essential, but then claiming that state and religious worldviews are impossible to separate, is not only false but also contradictory.""
No, it is not. Church is the institution of religion, state, as used in this phrase, is the institution of the government. It is vital to keep these two institutions separate. History provides many examples of when the institution of government took control of the institution of church or when the institution of church took control of the institution of government. There is a clear difference between the church controlling congress and an elected congressman making decisions based on his worldview of right and wrong.

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@SamuelWH

Again, you are using quotes that, although they may have been said by the founding fathers, amount to nothing more than hearsay. Yes, the separation of church and state is indeed a distinction between religion and state. The Constitution makes no reference to any religion or God and explicitly states that Congress cannot create laws respecting the establishment of religion.
"The idea that the nation's leaders must put aside their religion, which is essentially their entire worldview or the basis thereof, in making decisions completely destroys the whole purpose of representation"

No, it does not destroy the purpose of representation. The founding fathers set aside their religious beliefs when making decisions, as they sought to establish a democracy rather than a theocracy. Representation is based on votes and elections, not religious worldviews.

" After all, what can they use in making decisions other than their fundamental beliefs in morality and ethics? Must we say that the Founding Fathers did not write laws based on their beliefs of morality? Can the law even begin to be considered moral if it was at not least rooted in a moral code? While the separation of church and state is vital, the separation of religion/worldview and state is simply impossible."

What can be used in making decisions besides fundamental beliefs in morality and ethics? Logic and education are essential factors. The founding fathers did not base laws solely on their moral beliefs, and the law does not need to be moral to be effective. Arguing that the separation of church and state is essential, but then claiming that state and religious worldviews are impossible to separate, is not only false but also contradictory.

"There is no such legislation which is the whole reason why the law must be interpreted at in this manner. We must decide whether the fetus's life is protected by the rights in the Constitution. Since the Constitution does not specifically state the answer, then we must look to the principles of the Constitution; to do that, we must understand the principles of its authors."

That is not how the law works. If we acknowledge that the Constitution does not provide an answer to a legal question, then it means the issue is left to the states as dictated by the 10th Amendment.

Overall, your argument is flawed due to a contradictory understanding of the First Amendment's separation of church and state, as well as a lack of comprehension regarding the separation of powers between the Federal government and the States outlined in the Tenth Amendment. Additionally, your argument relies on irrelevant and inapplicable statements from the founding fathers, which you mistakenly equate to law.

As mentioned earlier, it is essential to study the law more thoroughly, as your current understanding is inaccurate. Concentrate on the legal provisions rather than quotes from famous individuals.

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@Americandebater24

To show my point:
"Reason and experience both forbid us to expect that national morality can exist apart from religious principle."
George Washington
"The general principles on which the fathers achieved independence were the general principles of Christianity. I will avow that I then believed, and now believe, that those general principles of Christianity are as eternal and immutable as the existence and attributes of God."
John Adams

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@Americandebater24

First, thank you for your input; I would like to comment on several of your points for the purpose of justifying my position.

" Although quotes from Thomas Jefferson, John Quincy Adams, and Benjamin Franklin demonstrate that the founding fathers were religious, they did not use the Bible when drafting laws. The First Amendment establishes a separation of church and state. Therefore, the reasoning behind the drafting of America's laws by the founding fathers is not based on God or the Bible as the Con claims."
Separation of church and state is not the separation of religion and state. Church is merely the institution of religion, not the belief itself. The idea that the nation's leaders must put aside their religion, which is essentially their entire worldview or the basis thereof, in making decisions completely destroys the whole purpose of representation. After all, what can they use in making decisions other than their fundamental beliefs in morality and ethics? Must we say that the Founding Fathers did not write laws based on their beliefs of morality? Can the law even begin to be considered moral if it was at not least rooted in a moral code? While the separation of church and state is vital, the separation of religion/worldview and state is simply impossible.

" they have not provided any legislation stating that unborn children possess these rights."
There is no such legislation which is the whole reason why the law must be interpreted at in this manner. We must decide whether the fetus's life is protected by the rights in the Constitution. Since the Constitution does not specifically state the answer, then we must look to the principles of the Constitution; to do that, we must understand the principles of its authors.

Pro could win this blindfolded, with the right mindset of course.

This is an engaging debate; however, it seems both Pro and Con have misconceptions regarding the law and civil rights. Pro argues that abortion is a human right based on the principle of freedom of choice, asserting that denying women the option to decide whether to continue their pregnancy constitutes torture. Consequently, they believe abortion is a civil right and should be legalized. The issue with this argument is that human rights are not universal and must originate from existing laws for the claim of a right to be valid. Since abortion is not federally legalized, it cannot be considered a human right. Therefore, claiming that denying its legalization violates human rights is incorrect.
Additionally, the starting point of Pro's argument is the claim that healthcare is an undeniable human right for all individuals. However, this assertion is false, as no amendment in the Bill of Rights states or implies this to be true.

Lastly, for the pro, the 14th Amendment does not grant women the right to an abortion. It primarily concerns the right to claim citizenship for those born in the United States or within its jurisdiction. All individuals born or naturalized in the United States, and subject to its jurisdiction, are considered citizens of both the United States and their respective states. No state shall make or enforce any law that abridges the privileges or immunities of US citizens, deprive any person of life, liberty, or property without due process of law, or deny anyone within its jurisdiction equal protection under the laws. The quote you provided about the 14th Amendment is inaccurate and therefore invalid.

The Con's misinterpretation stems from their reliance on the Bible. Although quotes from Thomas Jefferson, John Quincy Adams, and Benjamin Franklin demonstrate that the founding fathers were religious, they did not use the Bible when drafting laws. The First Amendment establishes a separation of church and state. Therefore, the reasoning behind the drafting of America's laws by the founding fathers is not based on God or the Bible as the Con claims.

Additionally, although the opposition argues that "after reviewing the laws of our nation and the rights granted by those laws, it follows that the unborn are humans with unalienable rights to life, liberty, and the pursuit of happiness and that abortion does not take away from the created rights of a woman," they have not provided any legislation stating that unborn children possess these rights. If this were true, abortion would have been considered murder long ago, and the federal government would have banned the practice. The debate regarding the constitutional protection of unborn children under the law remains highly contested, with no definitive ruling to date. Consequently, it is advisable for the opposition to rely on existing legal documentation rather than interpreting quotes from the founding fathers when arguing for the rights of unborn children.

So far, the Con side has presented a more convincing argument in this debate. Although referencing God, the founding fathers, and the rights of unborn children may have flaws, the Con effectively advocates for equality and a woman's right to choose whether to engage in intercourse. As a result, making abortion illegal would not infringe on their rights in this aspect. On the other hand, the Pro side's counterargument appears to be that the Bible is unreliable and that unborn children are denied their rights before they even have them, despite the law stating otherwise. While I agree with their initial argument, the overall rebuttal fails as unborn children are not legally recognized as citizens until after birth.

I recommend that both Pro and Con thoroughly study the laws before engaging in this debate. Nevertheless, the debate itself is of high quality!

Does CON argue it should be illegal in all cases or just most?