[ConstitutionandFreedom]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation ?

[Wormwood]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation ?

I'm curious about that myself.

[rollo tomasi]

The same section of the Constitution that allows abortion.

Meaning the Constitution has been made whatever the majority of Supreme Court Judges says it is.

You don’t believe in shadows lurking in the Constitution either.

[maryz]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation?

I believe historically it came about when the Supreme Court found an overwhelming (and overwhelmingly vague!) federal "privacy" right in a birth control sale case. I forget the name of the case at the moment, but Roe depended on it.

[Clump]

Congress has authority to pass laws that relate to activities conducted on Federal property, such as military bases. This is per Article 4, Section 3, Clause 2.

Also, the 14th Amendment says "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 5 goes on to say that "Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Furthermore, the interstate commerce clause could be used to regulate the travel of persons from one state to another for the purpose of getting an abortion. In U.S. v. Morrison(a 5-4 decision with Rehnquist, Scalia, Thomas, O'Connor, and Kennedy in the majority) the Chief said that "Congress is empowered to regulate . . . persons or things in interstate commerce, even though the threat may come only from intrastate activities."

There are clearly Constitutional grounds for Congress to regulate abortion in varying degrees. I am a state rights advocate, but I am not in favor of stripping the federal government of its authority to protect our god given rights (e.g. life, the right to keep and bear arms, the right to freedom of a=expression and association, the free exercise of religion, etc.). I truly hope your question was sincere, and not merely rhetorical. Either way, I always like to brush up on my Constitutional law.

[Mr. Silverback]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation ?

The 14th Amendment.

[zendari]

The commerce clause...it’s given the feds power to do a hell of a lot more than this.

[jonno]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation ?

I trust this has already been addressed in this thread; but I would answer that it is the same constitutional authority that gave us Roe-v-Wade. And until that poorly made decision is consigned to the dust heap, these "band-aid" measures will continue to be necessary - IMO.

[Sandy]

Which part of the Constitution gives the Federal Government the right to pass abortion legislation ?

Bite your tongue. Conservatives don't care about such trivia anymore.