text: In Roe Chapter IX, the Court found no evidence that would guide them on when personhood begins.  Indeed, when there were only midwives, abortion was not illegal, regardless of what the Church thought of it, and the Catholic Church had no say in the Federal period.  The 14th Amendment specifies birth or naturalization for citizenship, although born aliens have due process rights as well. In Chapter X, the Court recognized the rights of those who could be born as if they were, with notable exceptions that are very rare. No one just has an abortion because they change their minds about parenthood in the third trimester.
  
  Gonzalez v. Carhart extended jurisdiction to Congress in cases of  partial birth abortion, operating under the Commerce Clause.  It would have been better had they cited the 14th Amendment provisions allowing Congress to enforce the 14th Amendment, which would include expanding personhood to earlier in pregnancy. Note that this case was a stalking horse to repeal Roe.