Post by The Horny GoatPost by BTR1701The only proper and legal way to make abortion either a federal issue or
a guaranteed constitutional right is to amend the Constitution.
So Roe v Wade was contrary to the Constitution? Uh don't think so...
Yes, it was contrary to the Constitution. The Court literally had to
make it up.
It really is an exercise of simple logic:
Article I, Section 8 lists the powers of the federal government. Which
logically means anything not on the list isn't a power of the federal
government.
But the Founders didn't want to rely solely on logic, knowing how that
could be abused, so they specifically included the 10th Amendment in the
Bill of Rights to expressly hammer the point home: Article I, Section 8
lists the powers of the federal government. If it's not on that list,
then that power belongs to the state and local governments, not the
federal government.
Now apply the law to the facts:
Is regulating abortion (or health care in general) a power granted to
the federal government under Article I, Section 8?
No, it is not.
Therefore, per Amendment X, it's a power that belongs to the state and
local governments.
The Court in Roe, recognizing that the Constitution is utterly silent on
the matter of abortion yet wanting desperately to pretend it isn't,
basically said that if you take the Constitution as a whole, it casts a
penumbra (shadow) of freedom and that somewhere in that murky shadow is
a guaranteed right to an abortion.
It was an absolutely ridiculous decision from a legal standpoint. Even
my pro-choice law professors in law school admitted that, although they
were happy with the result, it was legal garbage. It deserved to be
overturned and replaced with something that actually comports with
legitimate judicial reasoning.
As I said, if the country is as overwhelmingly pro-choice as the
Democrats claim it is, then it shouldn't be difficult to amend the
Constitution accordingly and give the federal government the power that
it currently lacks.