“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.
Bingo!
Why is it when social conservatives don't get their way on a national level they quote a secessionist document as if it holds some sort of credence? It doesn't. And the Preamble? Perhaps you'll be able to provide something from the document itself other than the intro. Here chew on this
The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.--Federalist 45
Now I would assume we can agree that birth (as well as marriage or any other social issue) falls under the 'lives, liberties' of the citizens of a respective state. Where did Mr. Madison, the Father of the Constitution deem these issues lay?
Federalism does not suggest that God-given rights may be passed off to the states.
No Federalism according to the Stanford Encyclopedia
Federalism is the theory or advocacy of federal political orders, where final authority is divided between sub-units and a center. Unlike a unitary state, sovereignty is constitutionally split between at least two territorial levels so that units at each level have final authority and can act independently of the others in some area. Citizens thus have political obligations to two authorities. The allocation of authority between the sub-unit and center may vary, typically the center has powers regarding defense and foreign policy, but sub-units may also have international roles. The sub-units may also participate in central decision-making bodies
The Constitution was written with the Declaration of Independence in mind. The Declaration of Independence says:
"We hold 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. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
The government has indeed become destructive of the right to life among the unborn. It is our right "to alter or to abolish it". Sadly, there are too many choicers to do so right now.
The Constitution starts out saying,
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.
The 5th Amendment says,
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The 14th Amendment says,
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
Justice Blackmun also said that if the personhood if the unborn was recognized, the right to life of the unborn would override the right to privacy of the woman.
With all this in mind, it seems clear to me based on science that the unborn child is a person from the moment of conception. From that point forward is only growth and development until natural death. It is not right to allow an innocent person to be killed in one state while not another anymore than it is right to enslave one in one state while not another due to an arbitrary reason such as skin color. The federal government on down has a duty to protect the life, liberty, and happiness of each person. Government can generally only deny those rights if a person has broken the laws.
Turning abortion back to the states may be our best chance for now, but our work is not done until this entire country recognizes the right to life of the unborn person as specified in the Declaration, Preamble, 5th Amendment, and 14th Amendment. This can be done through Duncan Hunter's Personhood at Conception Act. All it requires is to pass through Congress, and get a President's signature. It would automatically recognize personhood as beginning at conception. An unborn child from conception would then be protected under the 5th and 14th Amendments. Roe vs. Wade would be moot. It can also be done through an Amendment. I'll take whatever possible to end this travesty in our nation.