Sunday, February 6, 2022

The "Living Constitution" and the right to die.

As Ayn Rand has written, “There is only one fundamental right . . . a man’s right to his own life.” (“Man’s Rights,” The Virtue of Selfishness.) The Holzers have written, “It is the right to life that conscription denies.” (“The Constitution and the Draft,” The Objectivist, November 1967.) 

In the 1918 draft case of Arver v. United States (Selective Draft Law Cases), the Supreme Court of the United States unanimously upheld the constitutionality of conscription because “every citizen is bound to serve and defend the State . . . every citizen or subject is obliged to serve the State . . . [and thus] the sovereign has the right . . . to conscript whom he pleases.” 

In Arver, the Supreme Court repudiated Americans’ right to their own lives. 

Seventy-nine years later in the case of Washington v. Glucksberg, the same Court ruled there is no provision of the Constitution that protects the right to die. 

My new book deconstructs the Supreme Court’s Glucksberg decision, proving it is altruism, collectivism, and statism that deprives us of our right to die. 

The “Living Constitution” and the Right to Die employs extensive Supreme Court quotations from 1823 to 1997 revealing that and how the Constitution was corrupted, especially the Due Process Clause of the Fourteenth Amendment. 

Please forward this email to anyone you think might be interested, especially lawyers. 

TABLE OF CONTENTS 

Preface. Arver v. United States (Selective Draft Law Cases.) 

1. Introduction. 
2. Definitions. 
3. Historical context. 
4. Magna carta; Fourteenth Amendment; Procedural Due Process. 
5. “Substantive” Due Process. 
6. “Incorporation” of the Fourteenth Amendment. 
7. Poe v. Ullman: Birth of Griswold v. Connecticut. 
8. Griswold v. Connecticut: Prelude to Roe v. Wade. 
9. Roe v. Wade: Overture to Compassion in Dying v. Washington. 
10. Compassion in Dying v. Washington; federal district court. 
11. Compassion in Dying v. Washington; federal circuit court. 
12. Compassion in Dying v. Washington; federal circuit court, en banc. 
13. Washington v. Glucksberg; Supreme Court of the United States.
14. Ninth Amendment and Unenumerated Rights. 
15. Conclusion. 

Notes 
Appendix A. Eleven Right-to-Die” states. 
Appendix B. Deconstruction of New Mexico “Right-to-Die” statute. 
Other non-fiction books by the author. 
Acknowledgements. 
Henry Mark Holzer.

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 The “Living Constitution” and the Right to Die” (146 pages) is available on Kindle ($2.99) and in print from Amazon ($9.99).

https://www.amazon.com/dp/B09RTPB6MV/