[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 394 Introduced in House (IH)]
103d CONGRESS
2d Session
H. J. RES. 394
Declaring that the preborn are persons entitled to the guarantees
contained in the fifth, thirteenth, and fourteenth amendments to the
Constitution of the United States of America and prohibiting abortion
within the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 1994
Mr. Dornan introduced the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Declaring that the preborn are persons entitled to the guarantees
contained in the fifth, thirteenth, and fourteenth amendments to the
Constitution of the United States of America and prohibiting abortion
within the United States.
Whereas, in the Proclamation of National Sanctity of Human Life Day, 1988, the
President of the United States proclaimed and declared ``the unalienable
personhood of every American, from the moment of conception until
natural death'';
Whereas such proclamation clearly set forth the reasons for such recognition of
personhood, as follows:
``America had given a great gift to the world, a gift that drew upon
the accumulated wisdom derived from centuries of experiments in self
government, a gift that has irrevocably changed humanity's future. Our gift
is twofold: The declaration, as a cardinal principal of all just law, of
the God-given unalienable rights possessed by every human being; and the
example of our determination to secure those rights and to defend them
against every challenge through the generations. Our declaration and
defense of our rights have made us and kept us free and has sent a tide of
hope and inspiration around the globe.
``One of those unalienable rights, as the Declaration of Independence
affirms so eloquently, is the right to life. In the fifteen years since the
Supreme Court's decision in Roe v. Wade however, America's unborn have been
denied their right to life. Among the tragic and unspeakable results in the
past decade and a half have been the loss of life of twenty-two million
infants before birth; the pressure and anguish of countless women and girls
who are driven to abortion; and a cheapening of our respect for the human
person and the sanctity of human life.
``We are told that we may not interfere with abortion. We are told that
we may not `impose our morality' on those who wish to allow or participate
in the taking of the life of infants before birth; yet no one calls it
`imposing morality' to prohibit the taking of life after people are born.
We are told as well that there exists a `right' to end the lives of unborn
children; yet no one can explain how such a right can exist in stark
contradiction of each person's fundamental right to life.
``That right to life belongs equally to babies in the womb, babies born
handicapped, and the elderly or infirm. That we have killed the unborn for
fifteen years does not nullify this right, nor could any number of killings
ever do so. The unalienable right to life is found not only in the
Declaration of Independence but also in the Constitution that every
President is sworn to persevere, protect, and defend. Both the fifth and
fourteenth amendment guarantee that no person shall be deprived of life
without due process of law.
``All medical and scientific evidence increasingly affirms that
children before birth share all the basic attributes of human personality--
that they in fact are persons. Modern medicine treats unborn children as
patients. Yet, as the Supreme Court itself has noted, the decision in Roe
v. Wade rested upon an earlier state of medical technology. The law of the
land in 1988 should recognize all of the medical evidence.
``Our nation cannot continue down the path of abortion, so radically at
odds with our history, our heritage, and our concepts of justice. This
sacred legacy, and the well-being and the future of our country, demand
that protection of the innocents must be guaranteed and that the personhood
of the unborn be declared and defended throughout our land.'';
Whereas Congress has the power and responsibility to enforce the guarantees
contained in the fifth, thirteenth, and fourteenth amendments to the
Constitution of the United States of America, which guarantees to all
persons the right not to be deprived of life without due process of law,
the right to the equal protection of the law, and the right to be free
from involuntary servitude, and the power to enforce such guarantees
includes the power to expand the definition of ``persons'' entitled to
such guarantees;
Whereas abortion is a deprivation of the right to life and the right to the
equal protection of the law and is the ultimate manifestation of the
involuntary servitude of one human being to another; and
Whereas Congress intends by enacting this resolution to enforce the guarantees
of the fifth, thirteenth, and fourteenth amendments to the Constitution
of the United States of America: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Human Life Protection
Act''.
SEC. 2. DECLARATION OF PERSONHOOD.
All human beings, from the moment of conception and without regard
to age, health, or condition of dependency, are persons entitled to the
guarantees contained in the fifth, thirteenth, and fourteenth
amendments to the Constitution of the United States of America.
SEC. 3. PROHIBITION OF ABORTION.
To secure the rights of preborn persons under the fifth,
thirteenth, and fourteenth amendments to the Constitution of the United
States of America, abortion is hereby prohibited within the United
States.
SEC. 4. ENFORCEMENT.
The Congress and the several States shall have concurrent power to
enforce the prohibition contained in section 3.
SEC. 5. DEFINITIONS.
For purposes of this resolution--
(1) the term ``abortion'' means the intentional destruction
of preborn human life, which life begins at the moment of
conception; and
(2) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
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