Right to Live Amendment

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Section 1: No human being in the United States or any place subject to their jurisdiction shall be deprived of the right to live, without due process of law, from the time of conception until the time of birth.
Section 2: The Congress shall have power to enforce this article by appropriate legislation.

1. Why does the amendment say “the time of birth” instead of “the time of natural death”?
2. Why does the amendment say “without due process of law”?
3. Will this make abortion illegal?
4. What will happen to people who have had or performed abortions in the past?
5. What about contraception?
6. Why does the amendment say "right to live" and not "right to life"?




1. Why does the amendment say “the time of birth” instead of “the time of natural death”?
The Fifth and Fourteenth Amendments to the Constitution already protect the “life, liberty, and property” of all people after birth, but the Constitution currently says nothing about the status of a person from the time of conception until the time of birth. This amendment would constitutionally protect the life of the unborn and therefore extend the right to life to all people.

2. Why does the amendment say “without due process of law”?
Abortion on demand terminates the life of the unborn person. Due process of law would require that every person, even the unborn, be given a hearing and be represented in any legal proceeding where that person’s right to continue living is under consideration.

3. Will this make abortion illegal?
It will make abortion on demand illegal.

4. What will happen to people who have had or performed abortions in the past?
The U. S. Constitution forbids any ex post facto law. This means that no law can be made retroactive, and no one can be prosecuted for the violation of a law when the violation occurred before that law went into effect.

5. What about contraception?
Contraception that ends the life of a person after conception would be illegal. Contraception that prevents conception would not be affected.

6. Why does the amendment say "right to live" and not "right to life"?
The word "life" is sometimes defined as "the period from birth to death". "Live" is defined as "to be alive; not dead". Since the right to live is never dependent upon first being born, the word live was used.

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