Skip to main content
The Latest

Barton: Seventh Amendment Bans Abortion

We are used to watching David Barton give off an aura of expertise by speaking so quickly that people can’t notice when he is making patently false claims and simply making stuff up about America’s founders and the Constitution. For example, last night at the Prayer Rally for America’s Future, the event hosted by Focus on the Family and the Florida Family Policy Council in Tampa’s River Church right before the Republican National Convention, Barton made a rather peculiar claim about the Seventh Amendment.

Here’s what the Seventh Amendment of the US Constitution says:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re–examined in any Court of the United States, than according to the rules of the common law.

Read that one more time, because according to David Barton, the Seventh Amendment bans abortion, which he offers as evidence to back up his false assertion that the founders criminalized abortion.

Barton, who has made the same claim about the Seventh Amendment before, does not say how exactly the right to a trial by jury bans abortion, but because Barton is so confident that all of the founders agreed with all of his own theological and political views, he sees no need to explain the connection between the right to jury trials and the legality of abortions.

Watch:

The first belief we have in American government, in American society is that there’s a divine Creator, that’s not a personal belief, that’s an official government belief, that’s in our founding document. The first thing we say is there’s a Creator, the second thing we say is we believe the Creator gave us a certain set of rights, that are God-given inalienable rights, they exist to every person on the globe just because they were born, actually just because they were conceived quite frankly. Founding Fathers recognized abortion as a crime way back in the beginning, that’s why in the Seventh Amendment of the Constitution, part of the common law, you’re not allowed to do abortions because God gives life, not humans, humans can’t take life that God gives so it’s real simple stuff.