Posted on 11/05/2005 11:11:51 AM PST by wagglebee
If stare decisis is the game the homos want to play, they'll lose; Federal courts have decided on numerous occasions that a provision in one state's constitution absolutely trumps another state's statutory permissions, within the former state's jurisdiction. It can hardly be otherwise, for, were it so, any state legislature could void any other state's constitution in whole or in part by merely passing a statute.
The technical term for such an eventuality, given some sort of ex jure barbaro voiding process like this, is chaos.
I agree. However, to compare state sovereignty with homosexual marriage with abortion, is a non-issue. Abortion could easily be determined by the individual states.
So, if Roe V. Wade were to be overturned, it would then go back to the states. This would be better than nothing of course, but I would like to see a Constitutional amendment that would protect innocent human life. If it goes back to the states, then unborn babies in some states would not have a right to life while those in other states would. I think something as sacred as defenseless human life should be equally protected under the Constitution. That's my two cents worth.
And the ACLU was where on this case?
Helping the liberal teachers/administrators.
I do think it would be possible to pass an amendment defining marriage as between a man and a woman.
Thanks - just sneaking onto FR for a minute, will ping the list later.
You're on top of things, aren't you!
Yeah, well somebody needs to do YOUR job!!! -:)
And so it should. The language of the 10th Amendment is perfectly plain. Not even the lawyer class can ''misinterpret'' it; all they can do is ignore it...which they've done for -- frankly -- I don't know how long.
If Roe and Casey are reversed, as you say, it will return the question of abortion to the states where it was earlier.
The situation when Roe v. Wade was pronounced was that almost every state outlawed abortion but a few, such as New York, were in the process of legalizing it. We will not necessarily return to that situation, since people have had decades to get used to the idea of legalized abortion as "normal," whereas previously they had had centuries to get used to the idea that abortion was a shameful crime.
So, it would be fought out in the states. Probably in most conservative states, most abortions will be outlawed, and in some states all abortions. Possibly the laws will revert to what was in effect prior to Roe, possibly lawyers will argue that the old laws no longer apply and that if people want abortion outlawed the matter must be revisited.
There is at least some possibility that a constitutional right can be found to say that abortion is a crime. The great analogy is slavery. When the constitution was written it gave all men equal rights, but it didn't say "women" and it winked at slavery. Later, it came to be seen that the right to equality should include women and slaves. But just to make sure, amendments were passed to confirm it.
It depends on the definition of "natural person." it is now agreed that women and children and former slaves are natural persons with all constitutional rights. It COULD be decided that unborn children also are persons--as, indeed, science says they are. They are human, they are living, they are unique persons in their own right.
The constitutional right of an unborn child to life would certainly have to be fought out, however, and is unlikely to be asserted anytime soon.
Bttt
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.