Dear Catholic Exchange:
Thanks for George Weigel’s article on “The Alito Apologies.” I wish it had a much wider circulation. Unfortunately, those who need to read it are the ones who won't see it (and wouldn't understand it if they did!).
A phrase in the article prompted me to write. I have a genuine question, and I can't get an answer from anyone (lawyer, priest, philosopher, poly-sci instructor). I understand why no one's willing to give me the time of day — this is, I think, the ultimate “hot potato.” But it is an honest question, and I'm looking for an honest answer.
In the “preamble” to the Bill of Rights, we are told that our country is founded on the belief that God guarantees everyone “the inalienable right to life” (which is the phrase that prompted this letter). This seems foundational to me. So, my question is, this being so, why are not the pro-aborts — particularly the legislators and justices who have the power to adjudicate Roe v. Wade — not being prosecuted for treason?
Thank you for any help you can give me. And, thank you for your work: It brings those nameless and faceless of us in the hinterlands a great consolation.
Yours in Christ,
Mrs. Carol Luscomb
Flint, MI
Dear Mrs. Luscomb,
Thank you for writing. I can help you with this question. The phrase to which you refer is in the second paragraph of the Declaration of Independence. “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, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Although the Declaration is a founding document for our country, none of what it says has the force of law. It is rather setting out the reason why the British colonies ought rightly to be independent — proceeding to a list of grievances against the king. The importance of the words of the Declaration for a consideration of the abortion issue lies not in their legal force, but in their moral force. Their application, however, has been spotty.
To give a simple example: What happened historically when a white slaveholder’s perceived right to happiness conflicted with a black slave’s right to liberty? For many years, the right to liberty of the one was eclipsed by the right to happiness of the other. The same is true today. The perceived right to happiness of the woman with an unwanted pregnancy is seen to eclipse the right to life of the unborn child.
However, just as over time, the moral force of the Declaration was seen to apply to the issue of slavery, we can certainly press similar arguments with regard to abortion — the evil of it should certainly seem self-evident, but treason does not apply in this case.
Thank you for your support of Catholic Exchange,
Mrs. Mary Kochan
Senior Editor, Catholic Exchange
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