SENATE RESOLUTION: Atlasian Life Protection Amendment (Failed)

[Southern Senator North Carolina Yankee]

SENATE RESOLUTION

To amend the constitution to regulate the harmful effects of abortion and to protect our unborn children

Be it resolved in both houses of the Atlasian Congress Assembled, that with the ratification of 2/3rds of the Region, the Constitution shall be amended as follows:

Section 1. Title and Purpose

a. Too many countless lives are lost each year due to the heinous practice of abortion, and this bill is intended to protect life once a heartbeat is detected.

Section 2. Liability and Regulation

a. Any physician, knowingly or unknowingly, and thereby kills a human fetus by termination of a pregnancy -
i. Without determining, according to standard medical practice, whether the fetus has a detectable heartbeat
ii. Without informing the mother of the results of that determination
iii. After determining that the fetus has a detectable heartbeat after performing the standard medical practice
iv. As this practice contravenes the Hippocratic Oath, if all or one of the above conditions are met, a physician shall not be imprisoned more than 5 years and fined, or both.
v. If after this first offense, the physician subsequently performs another abortion, that physician shall lose the right to practice the profession of medicine
vi. Mothers shall bear no prosecution or repercussion for seeking an abortion

Sponsor: Spark
Senate Desigination: SR29:07

[Southern Senator North Carolina Yankee]

The sponsor has 24 hours for advocacy and other members have another 48 hours for responses.

[Southern Senator North Carolina Yankee]

My first recommendation would be rather than to insert all of this language into the constitution, would merely be to shift the text towards amending the constitution so as to allow such language to be passed via statute.

[Southern Senator North Carolina Yankee]

To give thus a jolt of life back to the debate. I might be able to offer an amendment dealing with the constitutional narrowness I mentioned before, but I am hesitant to take a chainsaw approach to the text at the same time.

There are also some downside risks to that approach obviously as well.

[Southern Senator North Carolina Yankee]

I'll give Yankee the courtesy of offering an amendment but if we don't see one I'll be motioning to table this 

I think I have a framework in mind, but the earliest I can probably finalize an amendment text would be tomorrow.

[Southern Senator North Carolina Yankee]

SENATE RESOLUTION

To amend the constitution to regulate the harmful effects of abortion and to protect our unborn children, while also legislating to the same effect

I. Be it resolved in both houses of the Atlasian Congress Assembled, that with the ratification of 2/3rds of the Region, the Constitution shall be amended as follows:

Atlasian Life Protection Amendment

1. This shall be entitled the Atlasian Life Protection Amendment

2. Congress shall have the authority to pass restrictions on the practice of abortion.

II. Be it Enacted in Both Houses of Congress Assembled

Section 1. Title and Purpose

a. This shall be titled the Atlasian Life Protection Act

b. Too many countless lives are lost each year due to the heinous practice of abortion, and this bill is intended to protect life once a heartbeat is detected.

Section 2. Liability and Regulation

a. Any physician, knowingly or unknowingly, and thereby kills a human fetus by termination of a pregnancy -
i. Without determining, according to standard medical practice, whether the fetus has a detectable heartbeat
ii. Without informing the mother of the results of that determination
iii. After determining that the fetus has a detectable heartbeat after performing the standard medical practice
iv. As this practice contravenes the Hippocratic Oath, if all or one of the above conditions are met, a physician shall not be imprisoned more than 5 years and fined, or both.
v. If after this first offense, the physician subsequently performs another abortion, that physician shall lose the right to practice the profession of medicine
vi. Mothers shall bear no prosecution or repercussion for seeking an abortion

III. No part of this resolution shall take effect unless I is ratified and II is signed.

This omnibus resolution approach has been used before it basically splits a piece of legislation in two with one half destined to the President upon passage as a bill/act/law, while the other portion is sent to the regions for ratification. Part III is non-severability to ensure that one portion doesn't pass or get enacted without the others.

Anyway, this is the technical structure that I think the bill sponsor is aiming for in terms of allowing an action to take place constitutionality, spelling that action out, but also not "legislating" via the constitution (inserting a bill length text I mean).

That said as accurate as the structure is, I cannot assure the strength or quality of given language, especially the word choice used in Part I, so if the sponsor desires improvements I understand that but for now to get us on the proper footing procedurally/constitutionally/etc I urge adoption of this amendment. Part II is mostly copy and paste at this point from the OP's text.

Subsequent amendments on the content and quality can come afterwards. I would note that my personal preference as much as I am against abortion, is also against empowering the federal government in this fashion.

[Southern Senator North Carolina Yankee]

Aye

I get the impression that this vote was carried out on the basis of issues with the underlying bill and the retained portions rather than the restructuring that was its main objective.

[Southern Senator North Carolina Yankee]

Vote on Amendment s29:14:

Aye (2): NC Yankee and Spark
Nay (4): Blair, Falterin, Pericles and SevenEleven.
Abstain (0):

Didn't Vote (0):

This amendment has been rejected.

[Southern Senator North Carolina Yankee]

A Final vote is now open on this legislation, Senators please vote Aye, Nay or Abstain.

[Southern Senator North Carolina Yankee]

Abstain

[Southern Senator North Carolina Yankee]

Vote on Final Passage of the Atlasian Life Protection Amendment:

Aye (1): Spark498
Nay (4): Blair, Falterin, Pericles and SevenEleven
Abstain (1): NC Yankee (technically late by an hour)

This resolution has not achieved passage.