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In this case, according to Alexander Hamilton, the court would have had the right to interfere and it would have had the superior power to declare the Texas statue void on its face.
However, Hamilton aside, our natural law and natural rights also prohibit first trimester abortion. Derived from Locke, Natural law and natural rights follow from the nature of man and the world. For instance, we have the right to defend ourselves and our property, because of our nature, because of the kind of creatures that we are. True law derives from this right, not from the arbitrary power of the omnipotent state.
Natural law has an objective, extrinsic existence. The ability to make moral judgment - or in other words, the capacity to know good and evil -- has immediate evolutionary benefits: just as the capacity to perceive three dimensionally tells one when one is standing on the edge of a precipice, so the capacity to know good and evil tells one if one's companions are liable to slit one throat. In this same way, natural law enthusiasts declare, we learned how to throw rocks: It came naturally to us.
Under natural law theories, abortion is tantamount to murder. How can we blithely kill a living, breathing organism? It makes as much sense as Pol Pot's genocide: Natural law simply dictates that it is wrong. No amount of legal or constitutional justification (although...
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