Monday, August 18, 2014
How to solve the abortion issue
Of course, this solution will neither be popular among conservatives nor liberals. Conservatives want to use the Federal government to make abortions illegal. Liberals want to use the Federal government to make abortions legal. Roe versus Wade, in effect, was a success by liberals.
However, both the conservative and liberal positions are abuses of Federal power, and both unconstitutional. So, in this regard, so too was the 1972 Roe -v- Wade ruling in favor of abortion.
Article II Section 8 of the Constitution gives 30 powers to the U.S. Congress, and these are in essence named the enumerable powers of government. Some of the things delegated to Congress include standard weights and measures, coining money, post offices and post roads, the protection of intellectual property, and a national defense. Beyond these and a few other very specific items, there was not much for which the federal government was responsible.
The Constitution says nothing about murder, manslaughter, or any other acts of violence. The Constitution only gives the government a right to make laws regarding counterfeiting, piracy, treason, and slavery. It does not have a right to rule on abortion either. Therefore, on this ground alone, the Rowe-v-Wade ruling is illegal.
If, for example, the government were to make infanticide legal, it would not be maintaining a republican form of government, which is required by the Constitution. If the Federal government were to rule on abortion, ideally it should err on the side of life, liberty, and pursuit of happiness, natural rights of the infant that are protected by the Constitution.
Regardless, anything not delegated to Congress is delegated, by the 10th amendment, to the states, or to the people, to decide. Therefore, the legal means of resolving the abortion issue is to let the states decide the manner.
In essence, if the law is followed, it would go back to the way it was prior to 1972, where some states had laws banning abortion, and some states had laws supporting abortion. Those who continued to disagree with state law deserved the right to educate and fight for change.
Removing the power of the Federal government can be done with a massive educational movement, a majority in favor of such a movement in Congress, and a signature of the President. This, it would seem, would be much simpler than waiting for the Supreme Court to to repeal Rowe-v-Wade.
Although, the simplest means would be to regard the laws already on the books.