Yes, A state law regarding abortion does not conflict with the Constitution because Article 1, Section 8, does not give Congress the specific enumerated power to legislate abortion.
Is a state law legalizing murder of an adult any more or less constitutional?
A state law regarding murder does not conflict with the Constitution because Article 1, Section 8, does not give Congress the specific enumerated power to legislate murder.
The Founders constituted a government with limited legislative powers.
Madison in Federalist No. 45: The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
You’re welcome.
A comment. The Supreme Court has no jurisdiction to judge state legislation in areas Congress has no power to legislate.
You argue “because Article 1, Section 8, does not give Congress the specific enumerated power to legislate abortion.”
Ok, but its not necessary to legislate abortion. There is an inalienable right to life. The pact that the states make with the Fed is that their own constitutions and laws not run afoul of the Federal constitution and not abridge the rights of all citizens.
The supreme court has every right to judge whether state laws are constitutional. In fact, its falls within its job description.
Expounding further, you stated: “A state law regarding murder does not conflict with the Constitution because Article 1, Section 8, does not give Congress the specific enumerated power to legislate murder.”
We have a system that definitely relies upon statutes to criminally proscecute, and because morally we know murder is wrong, states have statutes defining penalties for various degrees of killing and murder.
You seem to be claiming an amoral society state could create a law that says its ok for ethnic group A to have a hunting season with bag limit on ethnic group B and that would be fine and dandy from a Federal perspective. We both know it would be wrong on several levels, from depriving an inalienable right to life, to unequal protection under the law, among others.
I understand how you might say USSC can only speak to defined rights like free speech, 2nd ammendment, etc, etc. But the founders understood, and its implied by the words in the Declaration of Independence, the inalienable rights that underlay the Bill of Rights. Just because the right to life is not specified in the bill of rights does not make it any less your right.