Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Getting Beyond Roe: Why returning abortion to the states is a good idea
Reason Magazine ^ | August 8th, 2007 | Radley Balko

Posted on 08/12/2007 5:48:50 PM PDT by Delacon

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-64 next last
I am not posting this because I am an pro-life hardliner. I am not. I am posting it because I am a federalist and I like how the article covered how federalism may be able to ameliorate this issue. Also the article is over 4 days old and I think religious(who think the federal government should solve this problem) conservatives don't often make their way over to Reason where they might read it. Small govt/fiscal/constitutional conservative here.
1 posted on 08/12/2007 5:48:53 PM PDT by Delacon
[ Post Reply | Private Reply | View Replies]

To: Delacon
Reason is libertarian. Incidentally, that's the same argument of the GOP front-runner and of Fred Thompson as well. Let the states decide.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 08/12/2007 5:51:38 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Delacon
The main difference between a purely federalist approach to abortion and what we have today is that in the former each side wouldn’t be clamoring to control the federal government so it could impose its favored policies on the rest of the country. The battles would be fought in the state legislatures, and national politics would no longer be held hostage to the abortion issue.

False dilemma. The left clamors to control the federal government so that Federal judges can impose elitist-left-wing amorals on society. The right clamors to do so to appoint judges who will return the issue to the states.

3 posted on 08/12/2007 5:57:08 PM PDT by ModelBreaker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Delacon

It’s surprising how conservative “blue states” like mine become when things are left to the people of the states.

Here in Michigan we have concealed carry with lots of no retreat talk. We opposed gay marraige by a wide margin and got rid of affirmative action in government funded schools and agencies.


4 posted on 08/12/2007 5:58:00 PM PDT by cripplecreek (Greed is NOT a conservative ideal.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ModelBreaker
The Left will never agree to having abortion returned to the States, so its a really moot argument. This is easily demonstrated by their willingness to battle at all costs a Red State's desire to ban abortion. For example, its intervention in South Dakota last year.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

5 posted on 08/12/2007 5:59:49 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Delacon

Life is not negotiable.

Defending our rights, first of which is LIFE, is the responsibility of government at the national, state, and local levels.

The Declaration of Independence is very clear about what the founders viewed as rights.

Biologically, scientifically, medically, genetically, a preborn human being IS a human being.

The Constitution set out the framework of the government and specified responsibilities in some areas, and reserved responsiilities in other areas to the states.

Protecting human life is the JOB of every government official.

Only people who view the dismemberment of little babies as a liberty dare to hide behind federalism to defend this brutality, and to suggest it can be delegated to the states to decide if and when they will defend innocent human life.

It is very telling that so many of Fred’s supporters take great pains to assure their audience that they are not “prolife hardliner”s.


6 posted on 08/12/2007 6:02:58 PM PDT by fetal heart beats by 21st day (Defending human life is not a federalist issue-it is the business of all humanity.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: goldstategop

‘Reason is libertarian. Incidentally, that’s the same argument of the GOP front-runner and of Fred Thompson as well. Let the states decide.’

Yes, I know Reason is libertarian. My point was that of all the “kinds” of conservatives out there, religious conservatives/social conservative/traditional conservatives, who hold this issue most dear, are the least likely to turn to a libertarian magazine or federalist(or small goverment) solutions.


7 posted on 08/12/2007 6:04:40 PM PDT by Delacon
[ Post Reply | Private Reply | To 2 | View Replies]

To: goldstategop

“The Left will never agree to having abortion returned to the States, so its a really moot argument.”

Not really. If we can get just one more republican president, we are pretty much guaranteed two more conservatives on SCOTUS. Then Roe is gone.


8 posted on 08/12/2007 6:07:37 PM PDT by Delacon
[ Post Reply | Private Reply | To 5 | View Replies]

To: fetal heart beats by 21st day

I agree. Many people argued that slavery and desegregation were also states rights issues. If you are in the federal branch you have the moral duty to save the babies. You can’t just let other states to allow abortions.


9 posted on 08/12/2007 6:11:16 PM PDT by ari-freedom (I am for a strong national defense, free markets and traditional moral values.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: ari-freedom

Yes, they use it when it is convenient-like Pontius Pilate.

Not my job, man. I’ll go wash my hands.


10 posted on 08/12/2007 6:16:17 PM PDT by fetal heart beats by 21st day (Defending human life is not a federalist issue-it is the business of all humanity.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Delacon

it’s a good first start, but eventually it will have to be outlawed at the national level. Otherwise it will never be ended in liberal states like Mass and NY.


11 posted on 08/12/2007 6:17:55 PM PDT by balch3
[ Post Reply | Private Reply | To 1 | View Replies]

To: Delacon

“And while Hendershott regrets that pro-choicers have federalized the abortion debate, she is conspicuously silent on, for example, the conservative push for a pro-life amendment to the U.S. Constitution (a key plank in the Republican Party’s 2004 platform) or efforts by the GOP-controlled Congress to restrict abortion.

The author is disingenuous or just stupid if he doesn’t see the difference between what the left did in Roe and what pro-lifers would be doing with a constitutional amendment.

In the first, nine black-robed tyrants swept away the ability of the people to govern themselves.

In the second, to be successful would requre passage of the amendment by two-thirds of each house of Congress, and then passage by the state legislatures of 38 states.

If that were to happen, it would only happen as a result of the ability to achieve a far-ranging consensus in the United States that unborn human persons should be protected in law.

That is the very OPPOSITE of the pro-death murderers did in Roe.


12 posted on 08/12/2007 6:26:51 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: balch3

In the Roe versus Wade decision, INJustice Blackmun admitted he was aware of the “well-known facts of fetal development,” but the court intentionally ignored those facts because, according to Blackmun, if they acknowledged the personhood of the unborn child, the

Fourteenth Amendment to the US Constitution would cover preborn babies.

So, they knew then and know even better now and they ignored the facts in order to foist this barbarism upon the country.

As for the cowards who hide behind federalism, it is very clear to anyone with an ounce of objectivity that at the very least, the 14th amendment to the US Constitution extends to the unborn.

The plaintiffs were used and exploited and the facts of the case were lies. So, from top to bottom, it was a very cruel hoax.

Wonder how Fred ruminates on that one.


13 posted on 08/12/2007 6:30:56 PM PDT by fetal heart beats by 21st day (Defending human life is not a federalist issue-it is the business of all humanity.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Delacon
I am posting it because I am a federalist and I like how the article covered how federalism may be able to ameliorate this issue.

HA! 'True conservatives' don't let sticky things like federalism or intended powers of the federal government get in the way. Not when there's a social issue they can harp about. (Note as a states rights kind of guy I agree with the article and am 100% pro-life as well)

14 posted on 08/12/2007 6:33:37 PM PDT by billbears (Those who do not remember the past are condemned to repeat it. --Santayana)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fetal heart beats by 21st day

I know what you are saying. Better that there had never been a Roe V Wade which is loosely based on the right to privacy which is in and of itself not clear in the constitution. Better that SCOTUS had had the guts to define what is a living human being and what is not. After that they would have to expand on when a living human being can be deprived of that life. Surely you agree that the constitution did allow for denying some the right to life. These though are deep philosophical, moral, and religious questons that nobody can agree on. Maybe since they are, they should be left to the states to work out until there is a consensus and then SCOTUS or congress can make it the law of the land.


15 posted on 08/12/2007 6:40:45 PM PDT by Delacon
[ Post Reply | Private Reply | To 6 | View Replies]

To: billbears

“HA! ‘True conservatives’ don’t let sticky things like federalism or intended powers of the federal government get in the way. Not when there’s a social issue they can harp about.”

“HA!” what? No I am pretty consistent on this. Give me an issue that is not expressly defined in the constitution and my immediate reaction is to let the states solve it in those “many laboratories”. BTW my first post should have ginen you an idea that I dont harp on social issues. I posted it because I am a federalist NOT a pro lifer or pro choicer.


16 posted on 08/12/2007 6:48:53 PM PDT by Delacon
[ Post Reply | Private Reply | To 14 | View Replies]

To: fetal heart beats by 21st day

“As for the cowards who hide behind federalism, it is very clear to anyone with an ounce of objectivity that at the very least, the 14th amendment to the US Constitution extends to the unborn.”

No it is not clear that the 14th amendment extends to the unborn. At least not SCOTUS. Not yet anyway. Bite my federalist ass btw if you think I am a coward. Federalism is so great that the founders, who were great themselves, saw that there were issues so devisive that it was best left to the state to solve them amongst themselves.


17 posted on 08/12/2007 6:54:01 PM PDT by Delacon
[ Post Reply | Private Reply | To 13 | View Replies]

To: Delacon
There is nothing in the Constitution that mentions a woman having a right to kill her unborn child. The Declaration of Independence does talk about a right to “Life, Liberty and the Pursuit of Happiness”. The right to life is a basic and fundamental concept found in God and Nature. Abortion on demand is nothing more than a method of birth control and it should be outlawed. A Constitutional amendment respecting the right to life for the unborn should be a priority of any moral people.
18 posted on 08/12/2007 6:55:48 PM PDT by Reagan Man (FUHGETTABOUTIT Rudy....... Conservatives don't vote for liberals!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: billbears

“When, in the course of human events, it becomes necessary for one people to dissolve the political bands....they should

DECLARE THE CAUSES WHICH IMPEL THEM TO THE SEPARATION.

We declare these TRUTHS TO BE SELF-EVIDENT: That all men are CREATED equal: that they are

ENDOWED BY THEIR CREATOR WITH CERTAIN UNALIENABLE RIGHTS:

that AMONG these are LIFE, liberty, and the pursuit of happiness...”

Dec. of Independence-1776

“We the people of the United States, in order to form a more perfect Union, establish JUSTICE,INSURE DOMESTIC TRANQUILITY, provide for the common defence, promote the general welfare, and secure the BLESSINGS OF LIBERTY to ourselves
AND OUR POSTERITY,
do ordain and establish this constitution for the United States of America.”

US Constitution-1787

Federalism is simply the belief that some responsisbilities/privileges are shared between the states- like defending life,

while some duties, like police duties, are reserved to the states.

Federalism does not suggest that God-given rights may be passed off to the states.


19 posted on 08/12/2007 6:58:51 PM PDT by fetal heart beats by 21st day (Defending human life is not a federalist issue-it is the business of all humanity.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: fetal heart beats by 21st day

I’m not opposed to incrementalism as a way to turn back the tide of child-murder - sure, there exist superior alternatives (unborn child protection amendment, or simply an explicit amendment recognizing the personhood of the unborn), but, IMO, the political gulf from here to there is too wide to clear in a single jump.

Overturning Roe v. Wade would extend the bridge a great deal, and save millions. I count anyone supporting that goal as an ally in this regard.


20 posted on 08/12/2007 6:59:49 PM PDT by M203M4 (Vote conservatism in 2008 - vote to defend the US Constitution.)
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-64 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson