News broke recently that Florida Senator Marco Rubio plans to sponsor a bill that would ban abortions after 20 weeks. With Rubio’s reputation recently taking a hit in conservative circles, a cynic might be excused for considering this a political move instead of a principled stand. Principled or not, there are two questions that Rubio has apparently not considered: is it rational to argue this issue at the national level and is such a bill constitutional.
To answer if it is rational, let’s run through a quick hypothetical scenario. Let’s say you’re walking down your street and come upon one of your neighbors lying dead in his driveway with a knife sticking out of his back. As your neighbors crowd around the scene, you see someone dialing their phone. Who do you think this person is calling?
Maybe they’re calling the President of the United States. After all, many murders happen across the country every day, clearly making this a national issue that demands the president’s attention. Or, if not the president, maybe they’ve dialed the offices of federal senators and representatives to let them know about the murder. When it’s time to prosecute the assailant, where does the trial take place? Well, an issue as important and widespread as murder certainly demands the attention of the Supreme Court.
Preposterous, right? Of course a local crime commands a local response. It would be irrational to use national machinery to address a local or state issue like a violent crime of one individual towards another.Details