Tag Archives | Abortion

State Legislatures Take Up Abortion Issues

From The New American

State governments are reasserting their constitutional right to regulate abortion. Eleven states this year have passed laws which either restricts or controls abortion, this activity represents a high water mark for state legislative action on this issue.

Governor Barbour of Mississippi signed into law a measure which would keep new insurance exchanges created by Obamacare from funding abortions. Oklahoma enacted a law, by overriding a gubernatorial veto, which would require a list of questions to be answered by any women seeking an abortion. Arizona banned abortion coverage in state employee health plans. Nebraska, as noted in an earlier article, banned abortions in the last twenty weeks on the grounds that the fetus can feel pain.

The Supreme Court, nearly everyone agrees, will ultimately determine the constitutionality of these laws. Why the regulation of abortion should be a federal constitutional issue, however, is another sign of how far our nation has strayed from the initial clear language of our Constitution. Nearly all governmental authority over the lives of citizens was left to state governments. The Bill of Rights, in the Tenth Amendment, makes the residual powers of the state governments even clearer.

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The Constitution and Abortion

Gary North makes some astute observations in a recent blog post at LewRockwell.com:

Over 25 years ago, several leaders of my church drove 20 miles for a meeting with Dan Smoot, the 1950s-era conservative TV personality and the author of The Invisible Government (1962), the first expose of the Council on Foreign Relations. Smoot was a strict constructionist of the Constitution. I never met anyone with a greater grasp of the Constitution. He said at the time that Roe vs. Wade was an assertion of Federal supremacy that was opposed to the Tenth Amendment. He stated that the abortion issue should be returned to the states.

The present generation of conservatives, including the Christian Right, has no understanding of this strict constructionist view of the Constitution, or of its importance in the pre-Goldwater era of the conservative movement. Ron Paul represents that older tradition. This is why he has never been welcomed by the Washington Beltway/Fox News crowd.

This is a state issue, plain and simple. Those that argue for centralized state control support, in principle, the same power being handed to those who believe in centralized control over….health care.

Agree with it or not, the reality exists – when you promote the supremcacy of the federal government, eventually there will be those who use it for things you don’t approve of.

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Three Crimes, and Three Crimes Only

The Constitution specifies only three federal crimes-treason, piracy, and counterfeiting. So whether you think performing OR preventing an abortion is a crime – it’s still something that the federal government is not authorized to deal with.

State Constitutions in California, Connecticut and elsewhere have a greater protection for the ability to have an abortion than the federal government does.

And recently, a group in Nevada filed an initiative petition “that seeks to define a person and override Nevada’s abortion laws.”

The Nevada “personhood” initiative would amend the state constitution by defining a person and extend due process rights to “everyone possessing a human genome” from the beginning of biological development through end of life.

Obviously, this is a very sensitive and heated issue in our society – but the Founders and Ratifiers recognized that there would always be divisive issues in any country. That’s why they gave us a federal system where issues like this would be handled close to home – where laws and regulations best match the interests of the people living there.

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