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To: LWalk18
You have to show why abortion is up to the federal goverment instead of the state when other crimes such as murder are not.

No I don't.

The unborn are human beings like anyone else and like anyone else the Constitution was intended to promote their welfare and secure to them the liberties any other person enjoys.

The Constitution not only does not specifically outlaw the murder of the unborn but it does not specifically outlaw murder of any kind.

Are we to presume that any individual state can decriminalize all forms of murder?

Of course not.

The Tenth Amendment clearly states that rights not specifically enumerated in the Constitution shall not disparage rights generally retained by the people.

i would argue that the people generally retain the right not be murdered.

14 posted on 12/01/2005 7:52:32 AM PST by wideawake
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To: wideawake
The Constitution not only does not specifically outlaw the murder of the unborn but it does not specifically outlaw murder of any kind. Are we to presume that any individual state can decriminalize all forms of murder?

Yes. Your quote of the 10th amendment is highly selective. It reserves other rights to the STATES and the people--not just the people. The constitution enumerates the powers of the FEDERAL government--not the powers of the STATE governments (except in limited areas like the requirement that they have a republican form of government).

Your position is that anything YOU think is important is a constitutional right. That is no different than the far-left, living-constitution folks who think that anything THEY think is important is a constitutional right. In other words, you are a 'living-constitutionalist' but you want to control the Supreme Court so that it is YOUR living constitution, not the left's.

That kind of thinking is what got us in the mess we have now--not just in abortion law but many other areas of constitutional law. Under our constitutional scheme, the vast bulk of regulation and criminal law is left to the states exclusively.

15 posted on 12/01/2005 8:17:45 AM PST by ModelBreaker
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To: wideawake

While all states have laws against homicide, they vary in definition. A killing that is self-defense in one state may manslaughter or even murder in another. States decide the definitions and punishments for murder, why should abortion be different?


16 posted on 12/01/2005 8:22:59 AM PST by LWalk18
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