Malcolm Rivera
The definition of a person according to the US Constitution has been a subject of debate, with interpretations varying from a “human” to a vague everybody. The original meaning of the word in the context of the Constitution is believed to be a human, but the definition's extension to unborn humans is uncertain. The Fourteenth Amendment, which requires that all persons be counted, has sparked discussions on whether unborn foetuses are considered people deserving of equal protection. The interpretation of personhood in the Constitution is crucial in discussions surrounding abortion and the rights of the unborn.
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What You'll Learn
Personhood and the Fourteenth Amendment
The Fourteenth Amendment of the US Constitution establishes the definition of citizenship and the rights of citizens. According to the amendment, "All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State wherein they reside." This amendment guarantees that citizens of the United States are entitled to certain fundamental rights and protections, including life, liberty, and property, which cannot be deprived without due process of law.
The Fourteenth Amendment also addresses representation in Congress and the electoral process. It states that representatives shall be apportioned among the states based on their respective populations, including all persons except untaxed Indigenous people. Additionally, it outlines the qualifications for holding office, stating that no person who has engaged in insurrection or rebellion against the United States shall be a Senator, Representative, or hold any office under the United States or any State.
Furthermore, the amendment protects the right to vote for male citizens of the United States who are at least twenty-one years of age. It specifies that when this right is denied or abridged, the basis of representation for the state shall be reduced proportionally. This provision ensures that states cannot unfairly influence election outcomes by disenfranchising their male citizens.
The Fourteenth Amendment also includes provisions regarding the public debt of the United States. It states that the validity of the public debt authorized by law shall not be questioned, including debts incurred for suppressing insurrection or rebellion. Additionally, it prohibits both the United States and any individual state from assuming or paying any debt incurred in aid of insurrection or rebellion against the country.
In summary, the Fourteenth Amendment of the US Constitution defines citizenship, outlines the rights and protections afforded to citizens, and addresses issues related to representation, the electoral process, and public debt. It plays a crucial role in ensuring the rights and equal protection of citizens under the law and maintaining the integrity of the democratic process.
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Rights of the unborn
The rights of unborn children have been a subject of debate and interpretation in the United States Constitution, specifically concerning the Fourteenth Amendment. The Fourteenth Amendment guarantees "due process of law" and "the equal protection of the laws" to "any person".
In the landmark case Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment". Justice Harry Blackmun responded that if this personhood were established, it would guarantee the fetus' right to life under the Amendment. However, Justice Blackmun concluded that the word "person" in the Fourteenth Amendment does not include the unborn. This interpretation has been contested, and some argue that the original intent of the Amendment did include unborn children within the scope of "person".
The Declaration of Independence states that "all men are created equal" and endowed with certain unalienable Rights, including the right to life. Proponents of fetal personhood argue that abortion denies constitutional rights to unborn children, resulting in the loss of life. They assert that permissive abortion laws deprive unborn persons of their right to life and equal protection under the Fourteenth Amendment.
In 2023, H.Res.464 was introduced in the 118th Congress, acknowledging that unborn children are legal and constitutional persons entitled to equal protection under the laws. The resolution calls upon Congress and the Supreme Court to enforce the Fourteenth Amendment's guarantee of equal protection for unborn children nationwide. It emphasizes the constitutional duty to protect the rights of unborn children within the jurisdictional reach of the Constitution without permitting the prosecution of women for the death of their unborn children.
The debate surrounding the rights of the unborn continues to be a divisive issue in the United States, with legal and ethical implications that are still being interpreted and debated.
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Natural rights and citizenship
The concept of natural rights is distinct from that of legal rights. Natural rights are seen as universal and fundamental, not dependent on the laws or customs of a particular culture or government and thus inalienable. They are derived from philosophical or religious principles, with the idea dating back to the Stoics of late antiquity and developing through the Middle Ages and the Age of Enlightenment. The concept of natural law, or natural rights, was alluded to in the Bible and later developed by Catholic philosophers such as Albert the Great and Thomas Aquinas. During the Enlightenment, the idea of natural law was used to challenge the divine right of kings and became a justification for the establishment of a social contract and government.
The United States Declaration of Independence is based on the "self-evident" truth that "all men are... endowed by their Creator with certain unalienable Rights". The right to life and liberty are considered the highest priorities among natural rights.
Legal rights, on the other hand, are bestowed by a given legal system and can be modified, repealed, or restrained by human laws. They are specific to a particular culture or government and are thus not universal.
The US Constitution, including the Fourteenth Amendment's Citizenship Clause, addresses both natural and legal rights in relation to citizenship. The Citizenship Clause grants national and state citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof". This clause was meant to repudiate the Dred Scott decision and place the Civil Rights Act of 1866 on a firm legal foundation, ensuring that all persons, regardless of race, are considered citizens with equal rights and privileges.
The Constitution also outlines the requirements for representatives, including a minimum age of 25 years, seven years of US citizenship, and residency in the state they represent. This highlights the importance of citizenship as a prerequisite for certain roles and the specific requirements that must be met to attain it.
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Personhood and property ownership
The concept of "personhood" is complex and multifaceted, encompassing moral, legal, and constitutional dimensions. While the US Constitution does not explicitly define "personhood", it does refer to persons and outlines certain rights and protections afforded to them. For instance, the Fifth and Fourteenth Amendments protect "persons" from governmental or state action. This raises questions about who or what qualifies as a "person" and the extent to which they are entitled to these rights.
Legal personhood, distinct from moral or constitutional personhood, is conferred by positive law, including common law and statutory law. A legal person is an entity recognised and protected under these laws, with the ability to hold and sell property, and sue or be sued. Notably, legal personhood extends beyond human beings to include corporations, law firms, and schools. Conversely, not all humans are automatically legal persons, as the case of unborn children illustrates.
The relationship between personhood and property ownership is intricate and multifaceted. On the one hand, property ownership can be seen as an extension of personal autonomy and liberty, where certain objects or resources are integral to an individual's sense of self and their ability to interact with the external world. This perspective suggests that property ownership contributes to personal autonomy and liberty, with the loss of such property potentially hindering these aspects of personhood.
On the other hand, the notion of property for personhood can be controversial. While it is intuitive that people form connections with external objects, this does not necessarily warrant moral recognition or legal protection. The potential drawbacks of becoming overly attached to or dependent on external objects are also acknowledged in traditional understandings. Therefore, while property ownership may be linked to personhood, it does not inherently confer moral or legal status.
The discussion surrounding personhood and property ownership is particularly relevant in the context of artificial intelligence (AI). Scholars have debated whether AI should be granted legal personhood and, consequently, the right to own property. While there are arguments for granting legal personhood to weak AI, the same consensus does not extend to strong AI due to the complexities of accountability and control. The ongoing dialogue on this topic highlights the evolving nature of personhood and its implications for property ownership.
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Personhood and legislative powers
The concept of personhood and legislative powers under the US Constitution is a complex and evolving topic. While the Constitution does not provide a explicit definition of a "person", it grants certain rights and protections to those considered "persons".
According to the US Constitution, legislative powers are vested in the Congress of the United States, which consists of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having qualifications for its electors. One of the requirements to be a Representative is to be at least twenty-five years old.
The Constitution also outlines the powers of Congress, including the authority to provide for the common defence, exercise exclusive legislation over the federal district, and make laws necessary for carrying out the powers vested in the government. However, the definition of a "person" under the Constitution is not explicitly defined and has been the subject of debate and interpretation.
Historically, the term "person" was associated with property ownership and masculinity. However, the understanding of personhood has evolved to become more inclusive and vague, encompassing a broader range of individuals. Today, the interpretation of personhood often centres around the idea of natural rights, which the Constitution aims to codify and protect.
The Fourteenth Amendment, added to the Constitution in 1868, is particularly relevant to the discussion of personhood. It requires that all "persons" be counted in the Census and be granted equal protection under the law. However, the amendment does not explicitly include or exclude the unborn, leading to ongoing debates about whether unborn foetuses are considered persons with equal rights.
In conclusion, the legislative powers outlined in the US Constitution are vested in Congress, which has the authority to make laws and govern specific aspects of the country. Meanwhile, the concept of personhood remains open to interpretation, with ongoing discussions about the inclusion of various groups, such as the unborn, in the legal definition of a "person" and the extension of constitutional rights to them.
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Frequently asked questions
According to the US Constitution, a person is a human who is born or naturalized in the US and is a US citizen.
All persons under US jurisdiction have rights, and any created legal person has rights too. Rights under the US Constitution include the right to liberty and the right to establish justice.
No, unborn humans are not considered persons under the US Constitution. This is because they are not born or naturalized in the US and are therefore not protected by the Constitution.
Non-citizens are not explicitly mentioned in the US Constitution, but they are afforded natural rights. The Constitution is intended to help codify those natural rights, and all "people" inherit them.
Personhood is significant under the US Constitution because it determines who has rights and protections under the law. For example, the 14th Amendment requires that all "persons" be counted in the Census, but unborn fetuses are not counted because they are not considered persons.
