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Abortion And The Thirteenth Amendment

On Tuesday, July 12, 2022, Northwestern University hosted a webinar entitled, Implications of Dobbs v. Jackson Women’s Health Organization Decision. Faculty members of Northwestern participated in the webinar: Dr. Cassing Hammond (abortion practitioner), Professor Paul Gowder, Professor Heidi Kitrosser, Professor Andrew M. Koppelman, Professor Doreen Weisenhaus, and Dean Hari Osofsky (she/her) moderated the event.

The lament from these esteemed members of the once Christian Northwestern University is to be expected. I want to call attention specifically to Prof. Andrew Koppelman who claimed that the right to abortion should be protected by the 13th amendment.

Distinguished Senior Fellow and Scalia Scholar Ed Whelan in a recent tweet noted that by his count the 1st, 3rd, 4th, 5th, 8th, 9th, 13th, 14th, and 19th Amendments have all been cited in support of the non-existent constitutional right to abortion. Like the astronomer Percival Lowell, who spent 15 years studying canals on Mars, progressive experts think they find abortion everywhere they look in the US Constitution.

The Thirteenth Amendment to the United States Constitution and proclaimed in the final days of 1865. The text of this amendment has two sections.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

It is interesting to recognize in these debates that those who advocate for killing unborn children proclaim themselves to be the compassionate abolitionists. Those who want to save children from being dismembered and vacuumed out of their mother’s wombs are the evil slave owners.

According to the perverse logic of these supposed abolitionists, pregnancy is slavery. If you “force” someone to carry a child to term, that would go against the Thirteenth Amendment. Really?

Now I should point out that Prof. Koppelman did not develop his argument in this webinar. He has written a 30-page paper on the subject. His abstract states, “The Thirteenth Amendment’s purpose is to end the specific institution of antebellum slavery. A ban on abortion would do to women what slavery did to the women who were enslaved: compel them to bear children against their will.”

Let’s accept this argument for just a moment. Where does it end? What about a distressed mother who has to provide care for her ornery two-year old who whines, demands, runs away, and never sleeps when the mother desires? Forcing a mother to care for this child sounds a lot like slavery to me. Or what about a son or daughter who provides care for an aging relative who suffers from dementia or Alzheimer’s? Without any thanks, care must be provided around the clock for someone who often has no resources to compensate for the care given. That sounds a lot like slavery to me, well, at least according to this perverse logic.

Stick with me as we finish off the illogic of this argument, if something appears to be slavery, the answer is to kill.

The mother is free to kill her unborn child to prevent a forced pregnancy. The mother or father is free to kill a born child because this precious one might be a burden. A son or daughter is free to kill a parent who needs round-the-clock care all in the name of the ending of slavery.

It is abhorrent and illogical to compare slavery with pregnancy. I recognize that not all who are pregnant made that choice. There are difficult cases, but to suggest that what slaves endured is what mothers face is perverse and wicked logic.

Dan McLaughlin, a senior writer at National Review Online, has written a very similar article on this very subject that I would also highly recommend.





The Scourge of Human Trafficking Demands Another Appomattox

The bloodiest war that the United States ever fought did not take place on a foreign battlefield but raged on American soil, as brother took up arms against brother over the issue of slavery. The war began with the bombardment of Fort Sumter, South Carolina on April 12, 1861, and ended in the Spring of 1865, when Robert E. Lee surrendered the Confederate Army to Ulysses S. Grant at Appomattox Courthouse. The modest brick structure standing forlornly in a field in central Virginia belies the magnitude of the human tragedy, with an estimated 620,000 killed—almost as many as in all foreign wars combined.

The war led to the passage of the Thirteenth Amendment (Amendment XIII) to the United States Constitution, which abolished slavery and involuntary servitude. But while the facts of this violent conflict are familiar to students of American history, what is less-known is that the practice of slavery continues unabated. According to the Department of Homeland Security (DHS), every year millions of men, women, and children are the victims of trafficking, which involves the use of force, fraud, or coercion to compel an individual against their will to perform some type of labor or commercial sex act.  The DHS estimates that many billions of dollars per year are generated by human trafficking, which is second only to drug trafficking as the most profitable transnational crime.

Traffickers seek those who are susceptible because of psychological or emotional vulnerability, economic hardship, or in many cases children who are unable to protect themselves against predators.  Doctors Without Borders reports that two-thirds of migrants traveling through Mexico to the United States experience violence, including theft, torture, and rape. As the DHS notes, “The trauma caused by the traffickers can be so great that many may not identify themselves as victims or ask for help.”

Responding to the crisis, President Donald Trump has proclaimed January as “National Slavery and Human Trafficking Prevention Month.” Referring to human trafficking as “a modern form of slavery,” the president pledged to “actively work to prevent and end this barbaric exploitation of innocent victims.”

The president noted that the lack of an impregnable barrier has enabled traffickers to transport their victims into the United States with virtual impunity. Accordingly, “I have made it a top priority to fully secure our Nation’s Southwest border, including through the continued construction of a physical wall, so that we can stop human trafficking and stem the flow of deadly drugs and criminals into our country.”

Trump refuses to sign a spending bill that does not contain funding for a border wall. Seemingly oblivious to the dangers of an unsecured border, Speaker of the U.S. House Nancy Pelosi (D-CA) calls a wall “an immorality between countries; it’s an old way of thinking.” U.S. Senate Minority Leader Chuck Schumer (D-NY) agreed, stating: “This president just used the backdrop of the Oval Office to manufacture a crisis (and) stoke fear.” Meanwhile, in 2018 almost 400,000 people were apprehended after illegally crossing the border.

The battle is also raging in cyberspace, as human traffickers recruit their victims through websites.  In April 2018, the FBI shut down the nation’s largest child-sex trafficking website, Backpage.com. The FBI alleged that Backpage.com encouraged the posting of ads for prostitution and the human trafficking of minors. As a result, Backpage.com CEO Carl Ferrer was convicted on charges of facilitating prostitution and money laundering.

While the bill signed in April led to the closing of an estimated 87 percent of human trafficking sites, the demand is such that other players in the lucrative online sex-for-hire market have since moved in to fill the void. The software company Marinus Analytics reports that in a one-month period after Backpage.com was shut down, 146,000 online sex ads were posted every day.

The horrors of human trafficking in our day rival the slavery of a bygone era. One can only hope that sufficient numbers of those who possess the determination of an Abraham Lincoln will arise to at long last bring the horrors of human trafficking to an end at a modern-day Appomattox.

Take ACTION: Click HERE to contact U.S. Senators Dick Durbin, Tammy Duckworth and your own U.S. Reprsenative to ask them to support federal legislation – including a border wall – to help combat this horrific practice of human trafficking into the United States.

Alternatively, you may phone the U.S. Capitol switchboard at (202) 224-3121. An operator will connect you directly with the legislative office you request.


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