10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.So I don't know why the federal government had a say in this issue.
In fact, consider the irony that the USSC refused to intervene in the Terri Schiavo case because her case was a state power issue.
Also, regardless that the USSC found the right to have an abortion in the "wild card" 9th Amendment in Roe v. Wade, the Court somehow "overlooked" other 9th A. rights when deciding Roe v. Wade.
1) The rights of unborn childrenIn fact, given that the USSC thought that it had the license to use Jefferson's "wall of separation" from a mere, private letter to help justify its claim that the establishment clause is a restriction on the states, surely the Court should have used Jefferson's "all men are created equal" in the Declaration of Independence to help justify finding the rights of unborn children in the 9th Amendment. After all, Jefferson could just as easily have written that all men are born equal. Instead, Jefferson evidently chose to reflect the beliefs of the signers of the DoI that God-given rights start from the moment of conception.2) The right of a man to be a father
Finally, given that abortion is a state power issue, I find it suspicious that there is no mention of the 10th A. in Roe v. Wade. In fact, this post (<-click) tells how FDR's constitutionally unauthorized New Deal programs arguably let to the USSC's scandalous legalization of abortion. Note that the post first references two non-abortion cases in order to show Roe v. Wade in a different, troubling perspective.
When the US Constitution was ratified in 1787, it included the Bill of Rights, which declared some specific restrictions on the federal government.
“No person shall...nor be deprived of life, liberty, or property, without due process of law;...”
The Fifth Amenment’s Due Process REQUIREMENT of the US Constitution.
Under the Fourteenth Amendment, the Due Process clause was incorporated, making the Due Process clause binding on state governments as well as the federal govt.
The Equal Protection clause was added to ensure its uniform application to all persons, commonly understood throughout history and, until 1973, as human beings.
“...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.”
The 5th amendment’s due processs clause bound federal officials to defend innocent human life. No person, commonly understood to be a human being, could be killed without first being charged and convicted of a crime.
The 14th amendment incorporated the due process clause and added the equal protection clause. No person could be killed by any state, federal, or local official without being charged and convicted of a crime.
The equal protection clause mandated that all people must be treated equally under the law.
Legalized abortion is unconstitutional. It is not a states’ rights issue.
The document opens with an explanation of its purposes. The culminating purpose? "To secure the blessings of liberty to ourselves AND OUR POSTERITY."
So, for those in Rio Linda: The very purpose of the Constitution is to protect those who are yet to be born!
Folks who propagate what you are propagating are in a very real sense worse than Blackmun, the author of Roe. In the majority decision, even he admitted that if the unborn child in the womb is a PERSON, they are therefore protected by the Fourteenth Amendment.