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Pinkerton: The Supreme Court Confirmed That the Constitution’s Solution for Abortion Is Federalism
Breitbart ^ | June 26, 2022 | James P. Pinkerton

Posted on 06/26/2022 3:57:55 AM PDT by Morgana

The Supreme Court’s decision in the Dobbs case is both smaller and larger than it might first appear.

Smaller Than It Seems

It’s smaller in the sense that in and of itself the decision bans precisely zero abortions. To be sure, you might not know that to hear President Biden, who said on June 24:

Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it already recognized. They didn’t limit it. They simply took it away. That’s never been done . . . but they did it.

Yet despite all the hyperventilating from Democrats, the left-wing media, and outrage-mongers, Dobbs merely returns the question of abortion to the states, leaving it for them to decide. So when Rep. Maxine Waters (D-CA) said that Americans should “defy” the Dobbs ruling, Sen. Mike Lee (R-UT) responded coolly that there’s nothing to defy. That’s the genius of federalism, also known as states’ rights.

Federalism—the idea that states should have the sovereignty to decide most matters for themselves —is firmly embedded in our Constitution. Indeed, as was argued in the Federalist Papers, the 85 essays published in 1787-1788 aimed at rallying support for the ratification of the Constitution, the states in many ways are prior to the federal government. For instance, in Federalist 45, James Madison, principal author of the Constitution, wrote, “The State government will have the advantage of the Federal government.” And why was this? For one thing, Madison argued that the states, being closer to home, are more likely to enjoy the “probable support of the people.”

Lest there be any doubt about the importance of the states, in 1791 the Founders enacted the Tenth Amendment, which reads in its entirety:

(Excerpt) Read more at breitbart.com ...


TOPICS: Chit/Chat
KEYWORDS: 10thamendment; abortion; breitbart; california; clarencethomas; createdequal; demagogicparty; jamesppinkerton; lloydjaustinill; maxinewaters; mikelee; prolife; roevswade; tenthamendment; utah

1 posted on 06/26/2022 3:57:55 AM PDT by Morgana
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To: Morgana

Taking away a non contittuional right that never existed is impossible to do.


2 posted on 06/26/2022 4:05:03 AM PDT by maddog55 (The only thing systemic in America is the left's hatred of it!)
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To: Morgana
There was no Constitutional right to abortion...

Those pro-abortion folks know there is no right to abortion. The whole is associated with "women's rights"....and their ignorant vote.

Bet Hillary is going out of her mind...

And we now know one of the big reasons that Trump won...

3 posted on 06/26/2022 4:13:34 AM PDT by Sacajaweau ( )
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To: Morgana

It is the same solution as used initially for slavery.

Not ideal, but when a nation is not at a consensus with regards to a dealing with a disorder that has become knit into its social fabric, it is far better than leaving it to the highest level of the oligarchy.


4 posted on 06/26/2022 4:14:59 AM PDT by Hieronymus
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To: Morgana

Now get the Feds out of school business....particularly the student loan business and lunch business.


5 posted on 06/26/2022 4:15:48 AM PDT by Sacajaweau ( )
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To: Morgana

The Constitutional Right being taken away this week is R2KBA.


6 posted on 06/26/2022 4:36:52 AM PDT by FlyingEagle
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To: Morgana
"Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it already recognized. They didn’t limit it. They simply took it away. That’s never been done . . . but they did it."

That's not true, Biden. There never was a constitutional right to abortion, only a made up right by a previous flawed Supreme Court decision. They simply moved the decision back to the states where it belongs since there's nothing in the Constitution about it.

7 posted on 06/26/2022 6:49:05 AM PDT by libertylover (Democrats are as determined to kill innocent people as the Nazis.)
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To: Morgana
Because of one court decision, now the conservative media is sounding the bells for federalism. Anything remotely resembling states’ rights ended with the Civil War.

The federal government is the dominant entity in our lives, not the states; this will not change, in spite of the Dobbs decision. The Affordable Care Act, a most heinous legislation that, more than any in modern times, blatantly usurps the rights of the individual. It is clearly unconstitutional, but SCOTUS doesn’t seem to care, as it remains legally complete and intact. The court’s most recent decision on the ACA was only last year; at that time the concept of “federalism” apparently wasn’t strong enough.

SCOTUS Upholds Obamacare 7-2 With Kavanaugh, Barrett Joining the Majority

from public integrity.org: (not a link)

When the Affordable Care Act (ACA), or Obamacare, was initially enacted in 2010, the healthcare reform law was contentious, to say the least. Several groups and even states filed lawsuits contesting parts of the law, or the entire program.

Although the law went through a number of adjustments as the rollout continued, the law held up under lawsuits going all the way up to the Supreme Court and implementation proceeded. Even so, several states have attempted to find ways to opt out.

However, the ACA is a federal law, and no individual state can opt out. Every U.S. citizen is required by law to obtain health coverage that meets mandatory minimum standards or face penalties for failure to comply.

8 posted on 06/26/2022 7:39:19 AM PDT by yelostar
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To: Morgana

The lefts fear of federalism is the road block for Marxism they so admire.

It’s we the people not we the government.


9 posted on 06/26/2022 7:45:06 AM PDT by Vaduz ( )
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To: libertylover

It was there if you saw the “emanating penumbras”, “solar flares”, “cosmic rays” and perhaps “Ancient Aliens” emanating from the text that Blackmun saw.


10 posted on 06/26/2022 7:56:16 AM PDT by Reily
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To: yelostar

Unless I missed some news the “penalty” is still $0 from the Trump administration.


11 posted on 06/26/2022 8:39:05 AM PDT by newzjunkey (“We Did It Joe!” -The Taliban / “Thanks Joe!” -Putin)
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To: newzjunkey
Unless I missed some news the “penalty” is still $0 from the Trump administration

It is. But the law - including the individual mandate - is here to stay. And in the current political climate - as well as the very real threat of a globalist takeover of healthcare, who can say what will happen in the future.

The ACA is a putrid stinking mess of a law and SCOTUS had to bend itself sideways and backwards to keep it intact. It was a blatant federal takeover of healthcare.

I respect the justices as individuals, but Dobbs doesn’t wave a magic wand over anything. And those stating that with Dobbs SCOTUS “is returning power to the states,” doesn’t sell. The states lost most of their power a long time ago.

12 posted on 06/26/2022 9:51:21 AM PDT by yelostar
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