A Conversation about Abortion Between Justice Blackmun and the Founding Fathers
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About this ebook
On a dark night in Independence Hall, ghosts of the founding fathers gather to discuss with Justice Blackmun the Roe v Wade abortion opinion he penned in 1973. Using actual quotes from the founding fathers, this debate soundly refutes Blackmun's arguments from the Roe opinion, and shows that the founders would be greatly disturbed at the law regarding abortion in America today.
Duane L. Ostler
Duane L. Ostler was raised in Southern Idaho, and has lived in Australia, Mexico, Brazil, China, Utah, the big Island of Hawaii, and—most foreign of all—New Jersey. He practiced law for over 10 years and has a PhD in legal history. He and his wife have five children and two cats.
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A Conversation about Abortion Between Justice Blackmun and the Founding Fathers - Duane L. Ostler
A Conversation about Abortion Between Justice Blackmun and the Founding Fathers
by Duane L. Ostler
Published by Duane L. Ostler on Smashwords
Copyright 2014 Duane L. Ostler
This book may not be reproduced, copied or distributed without the express permission of the author. Each person desiring this book should obtain his own copy. Thank you for respecting the work of this author.
The contents of this book were previously published by the author in the spring of 2014, in volume 29 of the law journal Constitutional Commentary,
starting at page 167.
Cover art courtesy the Library of Congress The Declaration of Independence,
1856 N. Courier,
and The Supreme Court Historical Society, Official Picture of Justice Blackmun.
TABLE OF CONTENTS
Part 1: The ghostly visitors arrive
Part 2: Justice Blackmun is embarrassed by having overlooked history
Part 3: How Justice Blackmun also overlooked the concealment laws
Part 4: Justice Blackmun's false reliance on the common law
Part 5: The ninth amendment and original intent
Part 6: The founders express their views
Part 7: Endnotes
Part 1: The ghostly visitors arrive
It is dark at Independence Hall in Philadelphia. The historic scene where the U.S. Constitution was hammered out in the hot summer of 1787 is completely still; the chairs empty, the hall silent. The only movement in the stuffy hall is that of a cockroach scavenging for nonexistent food along the periphery of the hall, whose presence would no doubt cause the janitor to be fired for not using enough insect spray.
But hark! A sudden ghostly shadow has appeared at the President's chair! Its misty shape has an uncanny resemblance to none other than George Washington, minus his ivory teeth (since ghosts don't eat). Appearing not far to his left is James Madison, proficient note taker in the 1787