Human Life Amendment
Encyclopedia
The Human Life Amendment is the name for any amendment
to the United States Constitution
that would have the effect of overturning Roe v. Wade
, the Supreme Court
decision that denied states the authority to prohibit abortion
. Although all of these amendments are intended to overturn Roe v. Wade, most of them go further, by forbidding both the federal government and the states from making abortion
legal.
Section 1. Neither the United States nor any State shall deprive any human being, from the moment of conception, of life without due process of law; nor deny to any human being, from the moment of conception, within its jurisdiction, the equal protection of the laws.
Section 2. Neither the United States nor any State shall deprive any human being of life on account of illness, age, or incapacity.
Section 3. Congress and the several States shall have the power to enforce this article by appropriate legislation.
Section 1. Nothing in this Constitution shall bar any State or territory or the District of Columbia, with regard to any area over which it has jurisdiction, from allowing, regulating, or prohibiting the practice of abortion.
on September 12, 1973, under .
Section 1. With respect to the right to life, the word 'person,' as used in this article and in the fifth and fourteenth articles of amendment to the Constitution of the United States, applies to all human beings, including their unborn offspring at every stage of their biological development, irrespective of age, health, function, or condition of dependency.
Section 2. No abortion shall be performed by any person except under and in conformance with law permitting an abortion to be performed only in an emergency when a reasonable medical certainty exists that the continuation of pregnancy will cause the death of the mother and requiring that person to make every reasonable effort, in keeping with good medical practice, to preserve the life of her unborn offspring.
Section 3. The Congress and the several States shall have power to enforce this article by appropriate legislation within their respective jurisdictions.
on June 6, 1975, under .
The power to regulate the circumstances under which pregnancy may be terminated is reserved to the states.
The paramount right to life is vested in each human being from the moment of fertilization without regard to age, health, or condition of dependency.
on September 21, 1981, under .
A right to abortion is not secured by this Constitution. The Congress and the several States shall have the concurrent power to restrict and prohibit abortions: Provided, That a law of a State which is more restrictive than a law of Congress shall govern.
on January 26, 1983, under .
A right to abortion is not secured by this Constitution.
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
that would have the effect of overturning Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that denied states the authority to prohibit abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. Although all of these amendments are intended to overturn Roe v. Wade, most of them go further, by forbidding both the federal government and the states from making abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
legal.
History of the Human Life Amendment
Several different Human Life Amendments have been proposed in Congress since 1973, with twenty total days of hearings before the Senate Judiciary Committee in 1974, 1975, and 1981, several other hearings before other committees, and a number of floor debates. Between 1973 and 2003, the National Committee for a Human Life Amendment reports a total of 330 proprosals using varying texts, with most dying in committee. The only version of the Human Life Amendment to reach a formal floor vote was the Hatch-Eagleton Amendment, which received 49 supporting votes in the Senate on June 28, 1983, falling 18 votes short of the 67 required for passageThe Hogan Amendment
Introduced by Rep. Lawrence Hogan on January 30, 1973, under .Section 1. Neither the United States nor any State shall deprive any human being, from the moment of conception, of life without due process of law; nor deny to any human being, from the moment of conception, within its jurisdiction, the equal protection of the laws.
Section 2. Neither the United States nor any State shall deprive any human being of life on account of illness, age, or incapacity.
Section 3. Congress and the several States shall have the power to enforce this article by appropriate legislation.
The Whitehurst Amendment
Introduced by Rep. G. William Whitehurst on March 13, 1973, under .Section 1. Nothing in this Constitution shall bar any State or territory or the District of Columbia, with regard to any area over which it has jurisdiction, from allowing, regulating, or prohibiting the practice of abortion.
The Burke Amendment
Introduced by James BurkeJames A. Burke
James Anthony Burke was a United States Representative from Massachusetts from 1959 to 1979.He was born in Boston, Massachusetts. He was educated in the Boston public schools and Lincoln Preparatory School and attended Suffolk University...
on September 12, 1973, under .
Section 1. With respect to the right to life, the word 'person,' as used in this article and in the fifth and fourteenth articles of amendment to the Constitution of the United States, applies to all human beings, including their unborn offspring at every stage of their biological development, irrespective of age, health, function, or condition of dependency.
Section 2. No abortion shall be performed by any person except under and in conformance with law permitting an abortion to be performed only in an emergency when a reasonable medical certainty exists that the continuation of pregnancy will cause the death of the mother and requiring that person to make every reasonable effort, in keeping with good medical practice, to preserve the life of her unborn offspring.
Section 3. The Congress and the several States shall have power to enforce this article by appropriate legislation within their respective jurisdictions.
Scott Amendment
Introduced by Sen. William ScottWilliam L. Scott
William Lloyd Scott was a Republican politician from Virginia.Scott was born in Williamsburg, Virginia. He received a law degree from George Washington University, and was employed by the federal government 1934–1961, principally as trial attorney with Department of Justice...
on June 6, 1975, under .
The power to regulate the circumstances under which pregnancy may be terminated is reserved to the states.
The Paramount Amendment
Introduced by Rep. Romano Mazzoli on April 5, 1979, under .The paramount right to life is vested in each human being from the moment of fertilization without regard to age, health, or condition of dependency.
Hatch Amendment
Introduced by Sen. Orrin HatchOrrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
on September 21, 1981, under .
A right to abortion is not secured by this Constitution. The Congress and the several States shall have the concurrent power to restrict and prohibit abortions: Provided, That a law of a State which is more restrictive than a law of Congress shall govern.
The Hatch-Eagleton Amendment
Introduced by Sen. Orrin Hatch and Sen. Thomas EagletonThomas Eagleton
Thomas Francis Eagleton was a United States Senator from Missouri, serving from 1968–1987. He is best remembered for briefly being the Democratic vice presidential nominee under George McGovern in 1972...
on January 26, 1983, under .
A right to abortion is not secured by this Constitution.