“The Federal apparatus, including SCOTUS, is unbalanced and out of control.”
Yes, but that doesn’t change what is it’s constitutional role. Should the states be responsible for their own defense or is that part of the federal government? Again, we don’t uphold the constitution by violating it whenever we feel it will provide us with momentary advantages.
“There are numerous constitutional anomolies from SCOTUS that distort the original intent (Roe v Wade, Kelo v New London, Lawrence v Texas, Obamacare, Wickard v Fillburn) and your great and mighty statism did nothing to prevent their implementation. In fact, federal statism enabled them.”
Indeed - but what gain do you seek by arguing that a child is a child in North Dakota and not a child when they cross the state line. It is absurd. It was absurd when the line was the 34th parallel, and it will be absurd now.
Again, this is the Kansas-Nebraska act - the “Great compromise” that was to resolve the issue of slavery. We know how that worked out - it was a disaster.
Per the 14th, this is the authority of the federal government and it is in it’s purview.
“Maybe, a VERY STRICT inprepretation of the constitution would set us back on the course our founding fathers intended.”
And where does the constitution say that personhood is a state issue? It does not. The constitution is on my side, not yours.
You do like your strawmen. The constitution says national defense is based on federal powers with states fulfilling militia responsibilities. This was not part of the discussion any more then authority over treaties.
"And where does the constitution say that personhood is a state issue? It does not."
Where does it say "murder" is a crime, or how it should be punished? Oh the chaos - how do we keep people from murdering one another! How about check kiting or a plethora of additional legal infractions?
The Tenth Amendment states that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.
The Fifth Amendment states that none shall "be deprived of life, liberty, or property, without due process of law"
Under this umbrella, all states have the authority to prosecute murder and other crimes that violate both constitutional and state law infractions.