[Congressional Record Volume 155, Number 22 (Wednesday, February 4, 2009)]
[Extensions of Remarks]
[Page E196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 INTRODUCTION OF THE RIGHT TO LIFE ACT

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                      Wednesday, February 4, 2009

  Mr. HUNTER. Madam Speaker, as the father of three, I feel it is my 
duty to fight for the rights of our most innocent--the unborn. That is 
why, today, it is my honor to introduce the Right to Life Act. This 
bill accomplishes the simple, yet important goal, of protecting all 
unborn children from the moment of conception.
  While it is the fundamental and primary duty of the federal 
government to protect and defend the rights of all its citizens, 
America's unborn have continually been harmed by Congress's inaction to 
establish their constitutional right to life. Due to both the United 
States Supreme Court's decision in the 1973 landmark case of Roe v. 
Wade and Congress's failure to establish personhood thereafter, over 
1.3 million babies have had their life taken from them prematurely. 
Since abortions became legal in 1973, over 40 million babies have had 
their life unjustly taken from them, an entire generation of who will 
never experience the joys and promise of being an American.
  It is now time for Congress to stop this tragedy and recognize the 
life in every unborn child. Congress needs to effectively overturn Roe 
v Wade by enforcing four important provisions in the Constitution: (1) 
The due process clause (Sec. 1) of the Fourteenth Amendment, which 
prohibits states from depriving any person of life; (2) Sec. 5 of the 
Fourteenth Amendment, which gives Congress the power to enforce, by 
appropriate legislation, the provisions of this amendment; (3) The due 
process clause of the Fifth Amendment, which concurrently prohibits the 
federal government from depriving any person of life; and (4) Article 
1, Section 8, which gives Congress the power to make laws necessary and 
proper to enforce all powers in the Constitution.
  The Supreme Court, in refusing to determine when human life begins 
and therefore finding nothing to indicate that the unborn are persons 
protected by the Fourteenth Amendment, has left to Congress the 
responsibility of protecting the unprotected. The Court conceded that, 
``If the suggestion of personhood is established, the appellants' case, 
of course, collapses, for the fetus' right to life would then be 
guaranteed specifically by the Amendment.''
  Throughout my military service, I took great pride in knowing that I 
was protecting all Americans. From those who have lived many years, to 
those just conceived. I do not believe my responsibility to protect the 
lives of Americans ended when I returned home from Iraq and 
Afghanistan. I view service in this great House as an opportunity to 
continue protecting those who need protecting. I ask Members of this 
House to listen closely to their conscience and pass this legislation 
so that every unborn child will be legally recognized and afforded the 
same protection all other Americans enjoy.
  For those who have supported this legislation in the past, I wanted 
to bring your attention to a new provision holding women harmless if 
they do proceed with an abortion. It is important to recognize that the 
purpose of this bill is to protect the life of the unborn child, not 
put women in jail. Unfortunately, some supporters of this legislation 
have been accused of sponsoring legislation that incarcerates women for 
utilizing contraception. As a result, I wanted nothing to detract from 
our purpose of protecting the unborn. While I hope that this does not 
reduce the enormity of their action, I will not allow such an important 
issue to become sidetracked by those who wish to change the debate.
  Technically, the Right to Life Act establishes and recognizes the 
personhood of an unborn child at the moment of conception. The reality 
is it does so much more. It gives the unborn the chance to experience 
life, to realize their hopes and dreams, to make a difference. I hope 
my colleagues will support me in this important effort.

                          ____________________