PRO-LIFE STATE RESOLUTION

Transcription

1 PRO-LIFE STATE RESOLUTION Model Legislation & Policy Guide For the 2016 Legislative Year Accumulating Victories, Building Momentum, Advancing a Culture of Life in America

2 INTRODUCTION State resolutions expressing popular conviction have made a significant impact in American history by expressing public opposition to the acts of public officials or the federal government. The most famous are the Kentucky and Virginia Resolutions of 1798, drafted by Vice President Thomas Jefferson and James Madison, which expressed opposition to the four Alien & Sedition Acts passed by Congress in the summer of 1798 and led to their repeal after the election of The courts are not immune to public opinion. Momentum in favor of the overturning of Roe v. Wade has been expressed in some quarters since the November 2004 elections. Assertions that the public supports Roe depend on public ignorance of what the Roe decision actually says and what it means. Few Americans realize that if Roe were overturned, abortion would still be legal at least up to viability, if not beyond in more than 40 states. The enclosed resolution enables the people s state representatives to express their continuing conviction, more than 40 years after Roe, that the U.S. Supreme Court s abortion decisions were erroneous and misguided and should be overturned and corrected. Moreover, it urges that selfgovernment on this issue be restored to the American people. Calling for an amendment restoring such authority to the American people and their elected representatives cannot help but demonstrate to the Supreme Court that its abortion decisions are not supported by the American public. For more information and drafting assistance, please contact AUL s Legislative Coordinator at (202) or Legislation@AUL.org. DENISE M. BURKE, ESQ. Vice President of Legal Affairs Americans United for Life

3 PRO-LIFE STATE RESOLUTION JOINT RESOLUTION PROPOSING A CONSTITUTIONAL AMENDMENT RETURNING DETERMINATIONS ON ABORTION LAW AND POLICY TO THE AMERICAN PEOPLE JOINT RESOLUTION No. By Representatives/Senators WHEREAS, no right to abortion is rooted in the traditions of the American people, and no national right to abortion is conferred by the Constitution of the United States; WHEREAS, the U.S. Supreme Court s decisions in Roe v. Wade and Doe v. Bolton have no basis in the text or history of the Constitution of the United States; WHEREAS, the U.S. Supreme Court s abortion decisions have taken away the American people s right of self-government and have not respected the authority of the American people, through their elected representatives, to establish abortion law and policy; WHEREAS, the authority of the people of each State to determine public policy and to protect human life and health is fundamental; WHEREAS, the appropriate forum for the resolution of the abortion issue in a republic is the legislature; WHEREAS, the U.S. Supreme Court s abortion decisions have resulted in the most extreme abortion policy of any democracy in the world and have resulted in significant damage to the physical and psychological health of American women; WHEREAS, the State of [Insert name of State] has a duty to protect innocent human life; WHEREAS, human beings possessing inherent and inalienable rights are entitled to the full protection of law and due process, and the U.S. Supreme Court s abortion decisions have failed to protect the lives of unborn children; WHEREAS, because of the U.S. Supreme Court s abortion decisions, it is impossible for the State of [Insert name of State] to protect the life, health, and welfare of women and unborn human life; to adequately protect parental rights; to maintain accurate statistical data to aid in providing proper legal protections for maternal health; and to properly regulate the practice of medicine; and

4 WHEREAS, the State of [Insert name of State] is prevented, by the U.S. Supreme Court, from providing adequate legal remedies to protect the life, health, and welfare of pregnant women and unborn human life. NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF [INSERT NAME OF STATE]: Section 1. That, because the people in a republic have the only legitimate authority to determine abortion law and policy, the [Legislature] of this State, as duly-elected representatives of the people, calls upon the United States Congress to propose a constitutional amendment, pursuant to Article V of the Constitution of the United States, stating that a right to abortion is not conferred by the Constitution of the United States. Section 2. That the Secretary of State of [Insert name of State] transmit a copy of this resolution to the Governor, to the President of the United States, and to the President of the Senate and the Speaker of the House of Representatives of the United States Congress.

5 More detailed information about pro-life legislative efforts can be found in AUL s annual publication Defending Life. Defending Life 2015 is available online at AUL.org. For further information regarding this or other AUL policy guides, please contact: AMERICANS UNITED FOR LIFE th Street, NW, Suite 410 Washington DC Fax Legislation@AUL.org Americans United for Life This policy guide may be copied and distributed freely as long as the content remains unchanged and Americans United for Life is referenced as the creator and owner of this content.