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To: Chewbarkah

“...she could always go wild and consider LEGISLATION.”


So far, no one has explained to me where Congress gets the power in Article 1, Section 8 to write any legislation regarding abortion. As you say, the proper avenue would be via a Constitutional Amendment.


13 posted on 05/06/2022 6:31:01 PM PDT by hanamizu
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To: hanamizu

I might get flamed for this, but I separate the merits or demerits of abortion from a consideration of the Roe v Wade ruling. The ruling is based on the 10th Amendment, and is entirely libertarian, in keeping with the Constitution’s vision of limited government and expansive rights of the People. In this view, government has no power to limit an individual’s choice to have an abortion, because the 10th Amendment reserves all rights and powers not specifically granted to the federal government, to the People.

Per Roe, individuals have inherent rights including the right to privacy in their personal medical choices. Thus ObamaCare, mandatory vaccinations, etc., are clearly unconstitutional — so long as Roe upholds the 10th A. You are correct that Congress has NO power to legislate regarding abortion. I argued during the rise of ObamaCare that Roe obviated the entire enterprise. Unfortunately the politics of abortion meant that no one tested ObamaCare by using Roe. IMO, Roe is an important decision that we should all insist be applied consistently, while dealing with abortion at the Amendment or State level where it belongs. Arguing against individual freedom is poison for all (those who believe none of us have fundamental rights will hardly accord any to the unborn).


22 posted on 05/07/2022 7:43:34 AM PDT by Chewbarkah
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