A Tribute: To the Citizens of South Dakota for their Abortion Stand February 26, 2004 The people of South Dakota through their elected representatives have undertaken a momentous step in an attempt to correct the judicial abuses surrounding abortion which have been thrust on this nation by an out-of-control judiciary. The citizenry of South Dakota are deserving of the highest admiration for their insight and the courageous stand they have taken in embarking on this arduous task. The courts have been successful in misleading the public into believing that abortion has been legalized by the Roe v. Wade decision. The truth is that abortion cannot be legalized by any means whatsoever. Under Common Law – which is the governing law covering abortion adopted by America at its founding – abortion is a crime carried out or procured at any stage of gestation. This precedent was established under the earliest Anglo-Saxon societies and has remained in force continuously, without break, since that time. This principle of the law was guaranteed by the early Anglo-Saxon kingdoms to be immutable and to exist in perpetuity. It cannot be erased by judicial fiat, claim of right to privacy or freedom of choice, Constitutional amendments, or in any other way whatsoever. The recognition of the supremacy of Common Law over statutory law was recognized by America’s Founding Fathers, and was actually used by them, in what became known as the famous Otis-Henry Doctrine, as a justification for the separation of America from England. The U. S. Supreme Court, therefore, was powerless to undo the controlling precedents governing abortion, and what they did in the Roe v. Wade decision was simply to step outside the law to render its decision, thereby rewarding lawbreakers. Also, on review of Common Law history dating from its inception, it is to be noted that both life and personhood were defined as beginning at the time of conception. Yet, even though these principles, constituting controlling Common Law precedents, had existed for nearly 2000 years, the U. S. Supreme court ignored them in rendering its decision in Roe v. Wade. The U. S. Supreme Court also treated the fetus as a body part of the mother so that she was allegedly free to dispose of it as she wished. This tack, of course, was most assuredly in violation of the already established controlling Common Law precedents, but, in the meantime, medical science confirmed the wisdom of the early Anglo-Saxon societies by demonstrating that the genetic code of the conceptus must always be different from that of the mother so it cannot be her body part. For 20 years, I studied and researched the law on abortion. My work involved a review of original source documents and modern court decisions. I wrote of all this in A Treatise on Human Life – An Unalienable Right. The findings disclosed therein are indisputable. The historical record documents heretofore unrecognized precedents and force of Common Law, and when combined with the pertinent medical, historical, cultural, and religious elements pertaining to the crime of abortion, it is clear that in Roe v. Wade the Court ruled outside the law, and their ruling is null and void. A final important, but seemingly ignored, fact to be aware of is that Common Law cannot be contrary to Divine Law, and this constraint is attested to by the leading historical legal authorities on the subject recognized by our Founding Fathers. This prerequisite has far-reaching implications in addressing, not only the abortion issue, but many other crises now confronting our country generated by activist judges over-reaching their authority. Utilizing these established points of law should provide South Dakota the resources necessary to successfully challenge the Roe v. Wade decision. So firmly established is the law identifying abortion as a crime that failure of the federal courts to reverse the Roe v. Wade decision when once presented with these unalienable facts, would be tantamount to plunging our country into a state of anarchy.

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