Posted on 03/13/2009 1:32:40 PM PDT by EternalVigilance
Once again we are supposed to believe that Michael Steele had a slip of the tongue. This time in an Interview with Gentleman's Quarterly magazine which included the following exchange:
"The choice issue cuts two ways. You can choose life, or you can choose abortion," he said. "My mother chose life. So I think the power of the argument of choice boils down to stating a case for one or the other."Interviewer Lisa DePaulo asked: "Are you saying you think women have the right to choose abortion?"
Steele replied: "Yeah. I mean, again, I think that's an individual choice."
DePaulo: "You do?"
Steele: "Yeah. Absolutely."
DePaulo: "Are you saying you don't want to overturn Roe v. Wade?"
Steele: "I think Roe v. Wade — as a legal matter, Roe v. Wade was a wrongly decided matter."
DePaulo: "Okay, but if you overturn Roe v. Wade, how do women have the choice you just said they should have?"
Steele: "The states should make that choice. That's what the choice is. The individual choice rests in the states. Let them decide."
Twice before on this site (look under the topic GOP failure) I have discussed Steele's departure from the pro-life stance. Yet in a way not clearly in evidence before, this interview reveals the insidious character of the argument Steele represents. According to this argument, individual choices are not subject to interference by the Federal government. Rather you state the case for one side or the other, and let the individual decide. The problem is, of course, that matters of justice, of right and wrong, always involve individual choices. The choice to rob, lie, cheat and murder are all individual choices. The choice to rape, kidnap and enslave another is an individual choice. The choice to serve or not to serve someone in a restaurant, on account of their race, is an individual choice. Obviously the real issue is not whether individuals are free to choose between right and wrong. That's been clear since Eve made her fateful decision to eat the forbidden fruit. The issue is when and whether they have the right to choose as they do.
American liberty is founded on the premise that we are all created equal and endowed by our Creator with certain unalienable rights. This premise is not a statement about human aspirations. It's a statement about right and wrong. An unalienable right can be transgressed by individuals and governments, but the premise of liberty forbids the assertion that those who transgress they have the right to do so. Right is not on the side of government when it commits or tolerates murder, theft and terror against the innocent. Individuals and laws that do so are inherently unjust, and powers used in this way are not lawful powers.
Steele consistently maintains that issues, like abortion, that involve respect for unalienable rights, are properly decided at the state rather than the Federal level. But the premise of liberty makes no such distinction. Respect for unalienable rights is required of human governments at any and all levels, because the just powers of all such governments are derived from the people's exercise of those rights. As the Federal government only has the powers delegated to it by the states, so the state governments only have the powers delegated to them by the people. But the "unalienable" aspect of each person's rights means that such rights cannot be given away, not under any circumstances. What the people cannot rightly give, the states cannot rightly claim.
But the premise of liberty includes the notion that "to secure these rights governments are instituted among men." Though government cannot claim the power to transgress against unalienable rights, the foundational purpose of government entails the obligation to preserve and respect them. No government powers are just except those derived from the only source consistent with this obligation, which is the consent of the people. Clearly however, the idea of consent based on respect for unalienable rights does not mean that the people have the right to do whatever they please, since they cannot rightly do anything that alienates (contradicts or surrenders) their unalienable rights. In this sense, government of by and for the people, is limited government: not only limited by the terms of its constitution, but by the purpose and terms of its institution or establishment. Liberty therefore is not identical with a simply unlimited freedom to choose. Individuals are free to choose actions that violate unalienable right, but they cannot claim the right to do so.
When, in their individual or collective capacity, people choose to violate unalienable rights they transgress liberty. Since liberty is its essential characteristic, this transgression effectively abandons the republican form of government. When an individual commits this transgression, it is a criminal act. When a government commits this transgression, it is an unlawful government. Under our constitution the supervision of this transgression when committed by individuals, has been left to the states. But if and when a state or states neglect this supervision, the U.S. Constitution (Article IV, section 4) explicitly requires that the government of the United States guarantee a republican form of government in each of the states. Like the guarantor of a loan, it must intervene to make good any deficiency in the states' respect for its requirements. Michael Steele's assertion that the states have the exclusive right to decide the issue of abortion is therefore incorrect. They should have the opportunity to decide it (which is one of the reasons the Roe v. Wade decision was prudentially wrong) but if they decide, by action or neglect, in favor of committing or allowing the violation of unalienable right, the Federal government has the Constitutional obligation to intervene. On abortion it may be sensible, after so many years of misplaced respect for the unlawful Roe v. Wade decision, to make this obligation clear to all the states by Federal legislation in some form. This could help to avoid miscalculations that might disrupt our civil peace. For this reason I think that such legislation, including a Constitutional amendment may be prudent. However, our reasoning here makes clear that it is not legally or Constitutionally necessary.
Finally, I think it's time we all stopped pretending that Steele's persistent advocacy of the "pro-choice" position is an accident, or a slip of the tongue. I believe these episodes are purposeful. His actions are meant to assert the fallacy that it is pro-life to be pro-choice. But this means accepting the position that at some level the choice to murder an innocent human being is consistent with respect for the unalienable right to life. Except we embrace the noxious position that right and wrong choices are equally just, this is not and can never be a pro-life view. Except we abandon the whole idea of unalienable right, this is not and can never be a view consistent with American liberty.
I think that Steele and the people he represents have gotten away with this disingenuous effort to warp, distract and mislead the pro-life movement for long enough. This issue is vital to the survival of America's free institutions. People of conscience deserve a frank and purposeful debate about it, not a sly attempt at argument by inadvertence. To that end I challenge Michael Steele to face me in such a debate, in a venue open to scrutiny by the general public. Though the courage to debate is not the test of truth, it may be a test of true conviction. I claim to be pro-life because I have stood that test, against Barack Obama, Alan Dershowitz and others. Why should pro-life people accept Steele's protestations of pro-life conviction if he refuses to do so?
For more current writing from Alan Keyes, please visit www.LoyaltoLiberty.com!
To sum up, conception can be legally avoided — adoption opportunties are enormous — abortion legislation except in rare medical cases is neither necessary, humanly acceptable, legal nor constitutional.
The fundamental nature of life makes impossible a classification of living, human being as nonpersons, who can be excluded from the protection of the Constitution of the United States so that their right to life can be taken from them in spite of the due process clause and equal protection clause.
Such a classification is constitutionally suspect. The relationship between the classification excluding this human group of foetuses from the enjoyment of the right to life and the fabricated purposes for which the classification is made are so imperfect that it follows that the classification is clearly unconstitutional.
For instance, this abortion legislation gives the woman the right without the knowledge of the man to destroy the foetus who has, under the New York State law, the right of inheritance for devolution of property if the father dies intestate. By this act the woman, if she should be the wife, would increase her share in the intestate estate by confiscating the inheritance rights of the foetus.
In answer to the concurring opinion of Judge Jasen, which was filed after this opinion, I merely add that there can be no debate or value judgment when the operating doctors and their nurses examine the bucket in the operating room. They should know they have destroyed living human beings, the remains of which are in the bucket. If they rely on the opinions of the self motivated, they should examine the exhibit at the Smithsonian Institute. The United Press International recently reported the birth of a foetus at 21 weeks in a New York hospital. Was it “less-than-human”?
Accordingly the order of the Appellate Division should be reversed and chapter 127 of Laws of 1970 be declared unconstitutional.
- Adrian Burke
Hmmm...I read all the way through it again. Couldn’t find a single chink in his Constitutional logic.
Only in the minds of you and other enemies of the Constitution.
LOL...now you’re just being ridiculous.
By reading an imaginary abortion emanation of a penumbra int the Constitution. Same as Blackmun.
Your inability to back up anything you say is, well, pathetic.
So you want the Constitution to be made subordinate to unwritten international law. Leftists inevitably do.
The idiot thinks his rantings allow him to legislate from the bench and rewrite the Constitution. He's Blackmun's soul brother.
Ah, now you’re defending the leaders of the Third Reich. Amazing.
Just following orders?
Idiotic.
The Declaration of Independence had nothing to do with abortion or elevating the federal government to a position of supremacy over state police powers. That's a screed.
Pure crackpot.
As opposed to enemies of the law, who want to rule from the bench.
By the way, you never answered my question about a state law that would target YOU for destruction, and such a law’s constitutionality and enforceability..
Wow. You’re really making a spectacle of yourself.
By inserting into it whatever he wants. Classic "living document" tactic.
Nope. Nailed ya.
It's amazing that you can't tell the difference between "ruling" and performing the primary function of government in America, which is the protection of innocent human life.
Hogwash. You continue to ignore the repeated clear wording of the Constitution which defends innocent human life. Like most modern lawyers, you simply pretend those words do not exist.
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