II

106TH CONGRESS

1ST SESSION S. 907

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

existence at fertilization.

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Mr. SMITH of New Hampshire 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 SHORT TITLE

4 SECTION 1. This Act may be cited as the ‘‘Right to

5 Life Act of 1999’’.

6 SEC. 2. The Congress finds that—

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

8 unalienable right to life endowed by Our Creator is

9 guaranteed by our Constitution for each human per10 son;
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1 (2) the Supreme Court, in Roe v. Wade (410

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

3 difficult question of when life begins . . . the judici4 ary at this point in the development of man’s knowl5 edge, is not in a position to speculate as to the an6 swer . . .’’;

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

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

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

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

11 guaranteed specifically by the (Fourteenth) Amend12 ment . . .’’;

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

14 that the privacy right is not absolute, and stated

15 (410 U.S. 113, at 159) that: ‘‘The pregnant woman

16 cannot be isolated in her privacy. She carries an em17 bryo and, later a fetus. . . . The woman’s privacy

18 is no longer sole and any right of privacy she pos19 sesses must be measured accordingly.’’;

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

21 offspring when the father’s sperm fertilizes the

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

23 person begins at fertilization;

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

25 State, or private action intentionally to kill an inno-
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1 cent born or preborn human person, and that Fed2 eral, State, and private action must assure equal

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

4 pregnant mother and her preborn child in existence

5 at fertilization;

6 (7) Americans and our society suffer from the

7 evils of killing even one innocent born or preborn

8 human person, and each day suffer the torture and

9 slaughter of an estimated 4,000 preborn persons;

10 (8) the intentional killing of preborn human

11 persons occurs in Federal enclaves, in interstate

12 commerce activities, and in the States, estimated at

13 1,500,000 per year and 33,000,000 since 1973; and

14 (9) the violence of intentionally killing a

15 preborn human person has provoked more violence,

16 carnage, and conflict reaching into homes, schools,

17 churches, workplaces and lives of Americans.

18 RIGHT TO LIFE

19 SEC. 3. Upon the basis of these findings and in the

20 exercise of duty, authority, and powers of the Congress,

21 including its power under article I, section 8, to make nec22 essary and proper laws, and including its power under sec23 tion 5 of the 14th article of amendment to the Constitu24 tion of the United States, the Congress hereby declares

25 that the right of life guaranteed by the Constitution is

26 vested in each human being at fertilization.
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1 DEFINITION OF STATE

2 SEC. 4. For the purposes of this Act, the term

3 ‘‘State’’ used in the 14th article of amendment to the Con4 stitution of the United States and other applicable provi5 sions of the Constitution includes the District of Colum6 bia, the Commonwealth of Puerto Rico, and each other

7 territory or possession of the United States.

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