Stem Cell Research, Illegal Immigration, and the Definition of Marriage

Stem cell research, the definition of marriage, and illegal immigration are three much debated issues. There are many arguments both for and against these issues. This essay will argue both for and against each issue from a Constitutional standpoint.

In the many arguments for or against stem cell research, most people only argue the bioethical reasons why stem cell research should not be funded. Many are opposed to stem cell research on religious grounds. Stem cells are created in the first days after conception, and are usually taken from frozen embryos. Many people find this unethical and going against nature because the research involves destroying human embryos. They argue that embryos are live humans and that to do this research is murder. There is no Constitutional backing to support this argument.

Another argument, though not as strong, is based on Article 1 Section 8 of The Constitution of the United States of America. Those using this article to oppose stem cell research argue that The Constitution does not give Congress the power to spend taxpayer's money on scientific research (Richman). Those taking this position say that the Framers were very specific in the list of things Congress may use tax money for, and scientific research.

Those that are for stem cell research can argue that the right to privacy can be inferred from The Constitution. In 1973 the case of Roe v. Wade made abortion legal. If the Supreme Court has decided that abortion does not constitute murder, stem cell research on human embryos is not murder either. Also separation of Church and State is derived from Amendment 1 of The Constitution therefore, religious arguments relating to the governments involvement in stem cell research are null and void.

Article 1 Section 8 of The Constitution says that Congress has the power to collect taxes for the general welfare of the United States. If stem cell research possibly holds the keys to ending many different diseases, health conditions, and disabilities, then stem cell research is for the general welfare of the United States and it's citizens.

The definition of marriage is another topic widely debated. Those opposing the civil marriages of homosexual couples do so usually based on ethical or religious grounds. The only Constitutional argument against gay marriage is that found in Amendment X, which basically says that powers not delegated to the federal government go the States. Nowhere in The Constitution is marriage defined. So The US Constitution does not define marriage, but some state constitutions may.

Those in favor of civil unions among gay couples state that if a civil union is created in one state, Article IV, Section 2 holds that "The Citizens of each State shall be entitled to all the Privileges and Immunities of Citizens in the several States." This means that other states do not have the right to ignore a civil agreement made in another state. Also going back to Amendment X, the federal government doesn't have jurisdiction over marriage, so it's not within their right to ban gay marriage.

Further, Amendment 14 "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This means that states do not have the right to pick and choose who they will give rights to. If one group of people is allowed to marry, the state cannot ban another group of people from marrying (Dixon).

Finally, illegal immigration is an issue of much debate. Those who oppose illegal immigrants cite Article IV, Section 4 of The Constitution where it states that the United States government will protect all States against invasion. Immigrants illegally crossing United States borders, are invaders. These "invaders" are here at the cost of US taxpayers. Many illegal immigrants do not pay taxes, yet they give birth in US hospitals and go to US schools. Those opposed to illegal immigrants want to send all illegal immigrants home, offer rewards to those who turn in illegal immigrants, and to put up a fence between the United States and Mexico to prevent immigrants from coming into the United States illegally.

The opposite side of the argument would prefer to see new laws made, making it easier for immigrants to become citizens, and for the federal government to allow more immigrants per year to become citizens. They would also like to amend The Constitution to grandfather in all illegal immigrants who have lived in the United States for many years, held down jobs, and paid taxes.

Constitutional Amendment Fourteen states that anyone born on US soil is an American citizen. If illegal immigrants have given birth on American soil, their children are citizens per The Constitution. Supporters of illegal immigrants argue that if children have been born on US soil to illegal immigrants the parents should also be allowed to stay. They argue that you can't deport the child, so the parents should not deported leaving the child in the US parentless. This would create more problems.

On the issue of stem cell research, I feel that the US government has the right and the authority to fund this research. If stem cell research could possibly lead to cures for many health conditions, then it is in the best interest of the people. It would be wrong for the government not to fund something that could potentially lead to better living conditions for thousands if not millions of people. I'm not saying that the idea of cloning doesn't creep me out, but personal feelings aside; it's in everyone's best interest. On the issue of gay marriage, I do not believe that the federal government has the right to ban any civil union.

I do not believe that state government has the authority to disregard any civil union created in another state. The religious arguments against gay marriages should not even be considered, as Church and State are to remain separate per Amendment 1 of The Constitution. Finally on illegal immigration, I do not agree with putting up a fence on the US/Mexico border. I do think illegal immigrants that have established a life in the US, abide by our laws, and pay taxes should be grandfathered in.

Bibliography

Dilanian, Ken. Senate OKs stem cell funding bill." USA Today

04 Apr 2007, 0734-7456: http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=J0E420744867407&loginpage=Login.asp&site=ehost-live.

Richman, Sheldon. "The Future of Freedom Foundation." [Weblog

http://www.fff.org/comment/ed1101e.asp] Nov 2001. Future of Freedom Foundation. 14 Apr 2007 .

Dixon, John S.. "Religious Tolerance.org." HOMOSEXUAL (SAME-SEX)

MARRIAGES:. 20 Mar 2004. Ontario Consultants on Religious Tolerance. 14 Apr 2007 .