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107TH CONGRESS

1ST SESSION S. 1373

To protect the right to life of each born and preborn human person in

existence at fertilization.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2001

Mr. SMITH of New Hampshire (for himself, Mr. HELMS, and Mr.

BROWNBACK) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To protect the right to life of each born and preborn human

person in existence at fertilization.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Right to Life Act of

5 2001’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) we, as a Nation, have declared that the

9 unalienable right to life endowed by Our Creator is
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S 1373 IS

1 guaranteed by our Constitution for each human per2 son;

3 (2) the Supreme Court, in Roe v. Wade (410

4 U.S. 113 at 159), stated: ‘‘We need not resolve the

5 difficult question of when life begins . . . the judici6 ary at this point in the development of man’s knowl7 edge, is not in a position to speculate as to the an8 swer . . .’’;

9 (3) the Supreme Court, in Roe v. Wade (410

10 U.S. 113 at 156–157), stated: ‘‘If this suggestion of

11 personhood is established, the appellant’s case, of

12 course, collapses, for the fetus’ right to life is then

13 guaranteed specifically by the (Fourteenth) Amend14 ment . . .’’;

15 (4) the Supreme Court, in Roe v. Wade, stated

16 that the privacy right is not absolute, and stated

17 (410 U.S. 113, at 159) that: ‘‘The pregnant woman

18 cannot be isolated in her privacy. She carries an em19 bryo and, later a fetus. . . . The woman’s privacy

20 is no longer sole and any right of privacy she pos21 sesses must be measured accordingly.’’;

22 (5) a human father and mother beget a human

23 offspring when the father’s sperm fertilizes the

24 mother’s ovum, and the life of each preborn human

25 person begins at fertilization;
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S 1373 IS

1 (6) there is no justification for any Federal,

2 State, or private action intentionally to kill an inno3 cent born or preborn human person, and that Fed4 eral, State, and private action must assure equal

5 care and protection for the right to life of both a

6 pregnant mother and her preborn child in existence

7 at fertilization;

8 (7) Americans and our society suffer from the

9 evils of killing even one innocent born or preborn

10 human person, and each day suffer the torture and

11 slaughter of more than 3,500 preborn persons;

12 (8) the intentional killing of preborn human

13 persons occurs in Federal enclaves, in interstate

14 commerce activities, and in the States, estimated at

15 1,300,000 per year and 40,000,000 since 1973; and

16 (9) the violence of intentionally killing a

17 preborn human person has provoked more violence,

18 carnage, and conflict reaching into homes, schools,

19 churches, workplaces and lives of Americans.

20 SEC. 3. RIGHT TO LIFE.

21 Upon the basis of these findings and in the exercise

22 of duty, authority, and powers of the Congress, including

23 its power under article I, section 8, to make necessary and

24 proper laws, and including its power under section 5 of

25 the 14th article of amendment to the Constitution of the
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S 1373 IS

1 United States, the Congress hereby declares that the right

2 of life guaranteed by the Constitution is vested in each

3 human being at fertilization.

4 SEC. 4. DEFINITION OF STATE.

5 For the purposes of this Act, the term ‘‘State’’ used

6 in the 14th article of amendment to the Constitution of

7 the United States and other applicable provisions of the

8 Constitution includes the District of Columbia, the Com9 monwealth of Puerto Rico, and each other territory or pos10 session of the United States.

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