And again I have to point out that the Founding Fathers never considered such an issue when it comes to powers of the Federal Government. Abortion isn’t considered by the constitution, therefore it is strictly an issue for the states.
With regard to what the Constitution said in 1789, you are absolutely correct. But the 14th Amendment says that “no state may deny to any person the equal protection of the laws.” In 1866, the persons referenced were freed slaves. But the words say “any person.” As soon as any state denied the protection of the homicide laws to persons in the womb, that state was in violation of the 14th Amendment. The Supreme Court has, without any foundation in the text of the Constitution, held that people living the womb are “not persons within the meaning of the 14th Amendment.”
The question is not what the Constitution said in 1789. The question is what the Consitution says NOW, and the Constitution NOW includes the 14th Amendment.
Thus, any state which denies unborn people the “equal protection of the laws” is in violation of the Constitution. The issue does NOT belong “in the states” because states are not at liberty to ignore the 14th Amendment.