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To: MosesKnows
"So the question is; can you describe a power that Congress does not have?"

Well, duh, of course. It can't regulate abortions because having one (including a partial-birth abortion of course) is a constitutional right (Amdt. XIV - penumbra).

48 posted on 06/07/2005 7:01:44 PM PDT by Tarkin
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To: Tarkin
[Congress] can't regulate abortions because

Prior to R. v. W., the several states through their sovereign power expressed by their legislatures regulated abortion. It was legal in California and New York, banned in Texas and Massachusetts. That's how the constitution works, how it worked for almost 200 years. The New Deal greatly eroded the Constitution, the assault started with Lincoln and the Civil War.

Frankly, I think the 14th amendment comes closer to banning abortion than any penumbra comes to legalizing it. Conservatives never pressed for the Court to ban abortion in states allowing it, although they had (have) a better case.

50 posted on 06/07/2005 7:14:40 PM PDT by Lonesome in Massachussets (Deadcheck the embeds first.)
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To: Tarkin
abortion...is a constitutional right

Thank you. This causes me to ask an additional question; how does a moral wrong become a civil right? To ask it a different way, what in the Constitution causes abortion to be the business of the Federal Government?

84 posted on 06/08/2005 5:34:47 AM PDT by MosesKnows
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