Right to Life Act and Life at Conception Act
Background: The Right to Life Act and Life at Conception Act, commonly called Human Life Bills, represent one approach to address the tragedy the U.S. Supreme Court set in motion when in 1973 it created a constitutional right to abortion. For related information on Human Life Amendments, their history, texts, and votes, see: www.nchla.org/issues.asp?ID=46.
The measure introduced in the House is called the Right to Life Act and a similar measure introduced in the Senate is called the Life at Conception Act. According to their official titles, the Acts’ purposes are “To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.”
In their main sections, the bills read as follows: “To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress’ power under article I, section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being.” In the 111th Congress, the House, but not Senate, bill adds the sentence: “However, nothing in this Act shall be construed to authorize the prosecution of any woman for the death of her unborn child.”
The terms “human person” and “human being” are defined, though with slightly different language. The Senate bill: “The terms ‘human person’ and ‘human being’ include each and every member of the species homo sapiens at all stages of life, including, but not limited to, the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.” The House bill is the same, except that it drops the phrase, “but not limited to.”
In remarks introducing the Right to Life Act, Rep. Duncan Hunter (R-CA) noted that in its 1973 Roe v. Wade decision, the U.S. Supreme Court refused to determine when human life begins but also conceded, “If the suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [Fourteenth] Amendment.” The Court has left to Congress the responsibility of protecting the unborn. “This bill accomplishes the simple, yet important goal, of protecting all unborn children from the moment of conception.” The Act enforces four provisions of the U.S. Constitution: “(1) The due process clause (Sec. 1) of the Fourteenth Amendment, which prohibits states from depriving any person of life; (2) Sec. 5 of the Fourteenth Amendment, which gives Congress the power to enforce, by appropriate legislation, the provisions of this amendment; (3) The due process clause of the Fifth Amendment, which concurrently prohibits the federal government from depriving any person of life; and (4) Article 1, Section 8, which gives Congress the power to make laws necessary and proper to enforce all powers in the Constitution.” The 2009 version of the Right to Life Act adds a new provision “holding women harmless if they do proceed with an abortion.” Rep. Hunter said that this provision was to make clear to critics that the purpose of this bill is to protect the life of the unborn child, not to put women in jail for utilizing contraception. Congressional Record (2/4/09, E196).
House: On February 4, 2009, Rep. Duncan Hunter (R-CA) introduced the Right to Life Act (H.R. 881). The measure has 68 cosponsors and was referred to the Judiciary Committee, Subcommittee on Constitution, Civil Rights, and Civil Liberties.
Senate: On January 29, 2009, Sen. Roger Wicker (R-MS) introduced the Life at Conception Act (S. 346). The measure has nine cosponsors and was referred to the Judiciary Committee.
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