Philosophical Detection: Rand Paul rewrites the constitution with religious legislation

Posted by ewv 9 years, 3 months ago to Politics
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Rand Paul has re-introduced his "Life at Conception Act" abolishing all abortion rights by decreeing that cells are "human persons" at conception.

The 'novel legal theory' on behalf of the anti-abortion rights agenda seeks to overthrow Roe v Wade and the lack of constitutional authority to prohibit abortions by arbitrarily asserting that cells are "persons" under 14th amendment "equal protection" of "the right to life of each born and unborn [sic] human".

He claims that his redefinition, which crushes the rights of actual human beings, "does not amend or interpret the Constitution, but simply relies on the 14th Amendment, which specifically authorizes Congress to enforce its provisions".

Paul's legislation would impose what he claims "most Americans believe and what science has long known - that human life begins at the moment of conception, and therefore, is entitled to legal protection". He does not cite what "science" has endorsed the claim that a cell is "entitled to legal protection" or what "science" endorses his equivocation between human persons and cells with human genes in a package-deal labeled "human life", foisted in the name of "most Americans". (A current conservative fad is to change the subject to "giraffes" and laugh at their victims.)

Moral concepts, including 'rights', apply to rational beings, i.e., human persons who must make choices, which are the facts which give rise to morality. They do not apply to cells and embryos. The notion that they do is religious mysticism attributing intrinsic characteristics as reified floating abstractions to be taken on faith. But Paul doesn't need to justify it in a world of anti-concepts and statism in which the illogic is intended to be enforced by the power of Congress out of an alleged "duty" to follow down a verbal rabbit hole (a.k.a. theocracy). Faith and force are corollaries.

Having wiped out the rights of real human persons with this change that isn't a change, Paul claims that "the right to life is guaranteed to all Americans [now meaning cells and embryos displacing actual Americans] in the Declaration of Independence[!], and it is the constitutional duty [sic] of all members of Congress to ensure this belief is upheld.

Conservatives who persistently claim to be "originalists" on the meaning of the Constitution have no qualms over changing the Constitution to impose religious duties that are not in the Constitution or the Declaration of Independence, and which played no philosophical or historical role in the founding of the country and our form of government. Human cells and fetuses were not discussed, let alone included under the Enlightenment "reason and the rights of man" or any discussion of constitutional authority. Entitlements to 'life' of cells at "conception" are a 19th century dogma of the Catholic Church. Perhaps they will next try to read it into the 1st Amendment under "the right of the people peaceably to assemble".

The contorted "logic" of these arguments employed in slippery political demagoguery proclaiming "constitutional duties" to violate the rights of people in the name of "the rights of all Americans" and "science" is a prime example of rationalism: It illustrates how rationalism verbally manipulates words as floating abstractions without regard for the meaning of concepts in reality, shifting meanings in passing from one end of a sentence to the other. It counts on a lack of understanding of concepts and objectivity for cognition.

The sales pitch for the "Life at Conception Act" illustrates how the verbal game, however serious and "sincere" in intention, is exploited in political maneuvers carefully crafted to manipulate people through rationalizing contradictory, religious mysticism in the name of logic and science to buttress a preconceived, religious political agenda -- taking us back to the medieval subordination of reason as a handmaiden to faith.

Most people can see through the sophistry behind the "Life at Conception Act" even if they don't see all the conceptual fallacies and grasp only that "something is fishy". It illustrates how Rand Paul's quirky arguments based on the cultural anti-conceptual mentality undermine support for his otherwise good policies, and discredit anything called "tea party" or "libertarian" in any sense of that word through a religious package-deal-coming-home-to-roost. It's an inevitable consequence of the philosophical and intellectual bankruptcy of the modern conservative movement undermining civilization and destroying the originally secular "tea party", no matter how much conservatives appeal to the rhetoric of "constitutional scholarship" and "proven traditions".

Press release: https://www.paul.senate.gov/news/pres...

Bill: http://www.paul.senate.gov/imo/media/...


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  • Posted by $ Thoritsu 9 years, 3 months ago in reply to this comment.
    Ok, this with the "problem" you chose to raise, then explain why you chose to legislate to to compel the mother to save the unborn child, but not to compel us to save the rest. There are children among them, even many unborn ones that could be saved.

    Separately, you really believe that killing 8, 64 even 10,000 cells is the murder of a human on a non-religious basis? This is technically absurd. More relevant human life is killed in during brain surgery.
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  • Posted by plusaf 9 years, 3 months ago
    Oh, shit, I saw THAT one coming when his Dad was running.
    The key fallacy appears really soon...
    "most Americans believe and what science has long known - that human life begins at the moment of conception, and therefore, is entitled to legal protection". He does not cite what "science" has endorsed the claim that a cell is "entitled to legal protection" or what "science" endorses his equivocation between human persons and cells with human genes in a package-deal labeled "human life", ..."

    "When Life Begins" can NOT be 'rationally defined.' Paul, as a doctor/scientist, should ruminate on that for a while before taking pen in hand...

    It can ONLY be Agreed Upon by Consensus and neither Consensus nor Agreement should Ever be used to determine 'Truth.'
    That's exactly why I believe so many "libertarians".. so-called.. are just retreaded Conservatives, justifying their beliefs, actions and Laws based on Biblical "Teachings" at their root.
    But NOBODY ever calls them on that shit... they get into the fruitless and futile argument/"discussion" over WHEN Does "Life" Begin, rather than admit nobody can Prove It, they can only Agree On It.
    There is NO scientific way to measure or prove it.
    So, again, that's why I can't vote for Rand OR Ron Paul and why it's so hard for me to bring myself to vote for any Conservatives/Republicans, even in the face of Socialists like Bernie and Hillary.
    Although I Will Promise You... I will Never, Ever support or vote for Bernie or Hillary.

    Good luck to us all...
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  • Posted by $ MichaelAarethun 9 years, 3 months ago in reply to this comment.
    Some want the whole loaf instead of the half loaf and are willing to risk that half loaf gained instead of ensuring it's success. The only difference between the two sides is the lives they are betting are not their own.

    It's not lives that are important it's your opinion that is important. Should those lives continue ....I'll put this a different way. At what age are these my way or the highway advocates willing to continue supporting the death of children. Same question for the victims of later term and partial birth abortions.

    At what age are their lives worth saving AFTER they are born?

    I used to go to a church that routinely collected for children related projects literally around the world except...for the three families that lived within two blocks of the church. Yet they were anti abortion at any point. They did not mind the child dying after they were born. They did not want to hear about it.

    For the record viability of fifty percent or greater by competent medical authority is where I draw the line. It's close to the line drawn by current laws. Partial Birth abortion an unspeakable form of butchery is now rare statistically and usually due to other medical complications. It's not just to fit in a prom dress.

    I'm raising four of the results of that which I support myself. I hate being hypocritical. But I also recognize myopic tunnel vision exists. I want to sure those who practice that particular unacceptable behavior understand they are no less reponsible and have nothing to celebrate.

    One should support their goals but not at the price of abandoning those who were saved to a different sort of death.

    Not directed at anyone in particular but a re-definition of the big picture the whole picture to include the full extent of the issue. At what age prior to birth and at what age after birth.
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  • Posted by mdant 9 years, 3 months ago in reply to this comment.
    There are so many problems in your argument I am not going to waste my time with all of them, but I will address a very simple one. Why does saving people's lives have to be about religion? I do not believe in God in the traditional sense, yet I absolutely believe unborn babies right's are to be protected just like any other persons rights. Born or not, or in any stage of human development, does not change your basic rights as a human being.
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  • Posted by XenokRoy 9 years, 3 months ago
    I personally see both science arguments and religious arguments for life begins at conception. Either does not change this simple fact.

    The government should not force a doctor to perform murder or prevent a woman from getting a murder done. That should be between three people, the woman, the guy who is the dad and the doctor. If all three want to commit murder, its there choice to do so.

    I am also in favor of murder in the case of assisted suicide. Same thing Doctor and the target of the murder both want it to happen, its OK but it does not change the fact that its still murder.
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  • Posted by $ Radio_Randy 9 years, 3 months ago
    Just imagine...if abortions were totally outlawed, the discussion of when life begins would simply go away and none of this would even be necessary.
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  • Posted by $ Thoritsu 9 years, 3 months ago
    The dishonesty in this 100% religiously-motivated rule is appalling.

    I would argue that a little clump of cells is not self aware, has no experience and is not viable on its own. Therefore the sadness in its passing is less than my dog, a sparrow or a cow for food.

    Even assuming this little clump of cells is an actual human being. Then we are saying we would compel the mother (and maybe the father...the act is silent on this) to slavery for nine months, and then slavery for 20-ish more years to support and rear this human. Really? Ok, well then fellow socialists and communists, what then of all the other needy people in the world that we can "save" by just applying a little of our resources. We can save all those starving children and other people in Africa if we just compel a few people to pay. Of course there will then be another million or so in a flash. Are these lives any less valuable than a little clump of cells, and is compelling a mother to full-term and then caring for a child more or less of a burden than Sally Struthers "...just a few cents a day"?

    This is a ridiculous pile of religious (fantasy-inspired morals) communist crap. Thank goodness it will go nowhere, but as an indicator than Ron didn't raise his son to pick the right fights.
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  • Posted by $ Thoritsu 9 years, 3 months ago in reply to this comment.
    Ask a different question: As compelling a mother to 9 months slavery, and then 20 years slavery and financial burden for rearing, are we likewise compelled to use our resources to save all other lives? Get ready to open you wallet to all the needy in the world...
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  • Posted by $ Thoritsu 9 years, 3 months ago in reply to this comment.
    Agree, there is not a single argument in favor of such laws that are not 100% religiously motivated.
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  • Posted by $ Thoritsu 9 years, 3 months ago in reply to this comment.
    First, a little clump of cells has less self awareness than my dog. It would be far sadder to kill my dog, a sparrow or a cow for food.

    A lovely, slippery, warm , 100% religiously inspired slope to complete socialism, even communism. So we can compel a woman to go through 9 months of pregnancy and then (presumably) raise a little pile of cells? Clearly, this is a law compelling one person to support another. What then about people who can not support themselves? Are we then compelled to take care of these people, even against our wishes? I mean these are real, actual people, not 2^n cells with no brain or experience. Clearly these walking, talking people have souls. Therefore, we must save them. It only takes a little of what you have...What about all the starving people in Africa? They have souls, right? Are we compelled to save all them too?
    "No" you say? Oh, yes, because we simply seek through fear or jealousy to punish people for engaging in carnal sin, not saving human beings. This is the worst 100% religiously motivated law for slavery in modern society.
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  • Posted by $ allosaur 9 years, 3 months ago in reply to this comment.
    I wish we could throw everything out save for The Constitution and the Bill of Rights written by our Founding Fathers and start all over.
    The black minority not be afraid.
    Jim Crow is history.
    "Do no harm" should be a motto for a national reboot.
    Oh, well, my dear departed dad called me a dreamer.
    And there's the national debt . . .
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  • Posted by $ Thoritsu 9 years, 3 months ago
    Not really to worry, but here we go with fantasy-inspired morals instead of logic or science.
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  • Posted by gaiagal 9 years, 3 months ago
    Life begins at conception. Mitosis begins, life begins.

    No matter what terminology is used, abortion and abortifacients stop life. That is their sole purpose. If a woman does not have an abortion (assuming all else goes well,) she has a baby. Abortions are performed to stop this event.

    This, to me, has nothing to do with faith or the constitution. It just is.
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  • Posted by strugatsky 9 years, 3 months ago in reply to this comment.
    When the argument for "life" beginning at conception is based on religious premises of having a "soul," perhaps intention is an even better point (of departure from reality...)
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  • Posted by $ jdg 9 years, 3 months ago in reply to this comment.
    When it is capable of reasoning. That comes with the existence of the cerebrum, about the 12th-14th week. Thus I would be OK with abortion bans after the 15th week (except to save the mother's life), but not before that.
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  • Posted by $ jdg 9 years, 3 months ago in reply to this comment.
    It's rewriting the Constitution if the old decision was the one that complies with the Constitution. But it's restoring it if the new one is.

    The New Deal Supreme Court rewrote large parts of the Constitution. All that needs to be restored, and I don't consider anyone conservative who doesn't want that to happen.
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  • Posted by $ jdg 9 years, 3 months ago in reply to this comment.
    Ron Paul was indeed pro-life, but his federalism trumped that -- he did not want the federal government dictating the subject in either direction.
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  • Posted by $ jdg 9 years, 3 months ago in reply to this comment.
    It's morally imperative that those two answers be the same. If father doesn't have the right to forbid the birth, then he shouldn't be liable if it happens.
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  • Posted by $ jdg 9 years, 3 months ago in reply to this comment.
    Roe v Wade only forbids abortion bans in the first trimester. After that point the issue is still up to each state (for now).
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  • Posted by conscious1978 9 years, 3 months ago in reply to this comment.
    There is no specific law that forces you to pay for another woman's abortion, and your question has nothing useful to say about my response. Paul's proposed law does point a gun.
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  • Posted by sfdi1947 9 years, 3 months ago
    The error of the conservatives is that abortion is not, and should not be a federal matter, that it is, a result of the unintended consequences of the liberally created Progressive Welfare State, should be addressed, but not in this fashion. Rather, it must be attacked by strictly limiting the Welfare State itself.
    While I find the destruction of a healthy baby abhorrent, it must be a personal-medical decision. It is not the purview of any governance.
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  • Posted by Herb7734 9 years, 3 months ago
    Paul is pretty much out of the presidential race by now, but this blows him out of the water. I had some respect for him even though he has the personality of a lobster, but now, I can cease my consideration of him -- if I ever truly had any.
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  • Posted by DrZarkov99 9 years, 3 months ago in reply to this comment.
    Are any of us free to make whatever choices we decide in life, without consequence? I don't have a problem with abortion "choice", but I don't see why I have to have gun pointed at my head demanding that I sanction and pay for that choice.
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  • Posted by blackswan 9 years, 3 months ago
    Within the first few days after conception, the clump of cells begin specializing, forming the various parts of a human body. They do this naturally, without any outside influence, with the obvious end result of a healthy human being. So, if you left that clump of cells alone, a human being would be the natural result. Your argument says that, for one's convenience, one can kill that clump of cells that would otherwise become a human being. The underlying theme in that argument is that a woman can be irresponsible with that body that she worships, and kill anything that will be an inconvenience. Frankly, I don't care one way or the other, because I'll have nothing to do with a woman who thinks like that; the only thing I don't want happening is for her to reach for my wallet when she decides to abort her child. The fact is, the government has no business regulating her behavior, which includes subsidizing that behavior. If she wants to kill her child, that's her business in every way, including paying for it. I'm not going to argue about when life begins. That's like arguing about how existence began. All I'm going to say is, you have choices. You reap the reward or suffer the consequences based on those choices, and you reap them alone. Leave me out of it.
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