Same place the Court got the power in Roe v Wade! In the “penumbra”
Congress is supposed to be bound by the powers granted to it and the Federal government in Article 1, Section 8. Nowhere in there is provision for Congress to declare ‘rights’ into existence. Congress could declare abortion legal in the District of Columbia and I suppose on military bases. Their usual way of creating national laws is through the ‘commerce clause’ but I cannot think of how they can use that to justify legalizing abortion nation-wide.
It’s akin to the problem with imposing national mask and or vaccination mandates.
I’m not saying they won’t try, they probably will. I’m just old-fashioned and believe that Congress should follow the text and spirit of the document that established Congress in the first place.
I’m just old-fashioned and believe that Congress should follow the text and spirit of the document that established Congress in the first place.
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Likewise. Which is why I maintain that arguments supporting the right to abortion in Rov v Wade were based on what has been coined the “penumbra” of the powers defined in the Constitution rather than on the literal meaning of its provisions.