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The Left Needs to Take Back the Constitution

Seeing as how support for abortion varies greatly from one state to another, it seems like precisely the kind of issue that should be left up to them.

No, it wouldn't be. The same reason we shouldn't allow state's to say "it's okay to shoot people with a shotgun on fridays" and defens it because of "state's rights" or "federalism".
 
Neither of these conditions are applicable when the matter is one of life and death.
Yes, they are. Arguably only more so.

Which is ultimately what the debate about abortion is, especially from the prolife side, which is why we've already seen plenty of noise about punishing cross state abortion efforts.
Yes, that is what the debate is about in some respects. It certainly was when it came to Roe, i.e. whether one group's preferred policies on abortion can be imposed on all 50 states via extra-Constitutional means.

My answer to that was, and remains, no effing way.
 
No, it wouldn't be. The same reason we shouldn't allow state's to say "it's okay to shoot people with a shotgun on fridays" and defens it because of "state's rights" or "federalism".
Ah, but we do have the death penalty in some states but not others.

Are you suggesting we should have a federal sentencing law for murder that abrogates all state laws?
 
The very idea that the left needs to take back control of the Constitution implies they don't like the Constitution. For instance, they want to ban personal ownership of firearms even though the Constitution specifically gives that right to the people. The left doesn't agree, so therefore they need to take control. In other words impose their crazy left wing socialist, marxist views on the country. They want abortion on demand and without any restriction. How do we know this? They say so every time the debate of come restrictions comes up. A woman's right to determine for herself. In other words if they choose to end the life of a baby in the womb, that's OK. It's not OK but they have been told it's not even a human being so no problem. When offered compromise to set a date limiting the time period in which an abortion may take place, even when the compromise is including rape, incest, mothers health and fetal abnormality they balk at these because they don't want any restrictions. Yet, nowhere, not ever, does the Constitution mention abortion or the right of anyone to take the life of a baby in the womb. But, they want to take control of the Constitution because the court isn't ruling correctly. Well, the job is to determine what the Constitution actually says and not what a bunch of left wing radicals wish it meant because of some fictitious notion of what American history is .

Standard right wing talking point.
 
Rights are either explicitly spelled out or they belong to the states and the people to determine. Abortion isn't mentioned leaving it to be determined by the states, which is what Dobbs does. That wasn't what they wanted and they scream that rights were taken away. Problem is the right was never given in the Constitution but by a Supreme Court that misinterpreted the Constitution by saying is said or meant something it simply doesn't say.
Now the states, which clearly have differing views on abortion, have the clear authority to determine in their state what the law with be governing abortion. That too is not good enough, the states shouldn't get to decide. Of course when it comes to gun rights the left is willing to ignore the Constitution which clearly gives that as a right of the people.

That's odd... I seem to recall that the Declaration of Independence saying that we were endowed by our Creator will certain unalienable rights. So now they're "given" to us by the Constitution and the States?

I'm sure that would have come as a surprise to John Hancock and all of the rest who signed their names.
 
Yes, they are. Arguably only more so.

Not in any sensible manner.

Letting states, especially when they neighbor one another and are so deeply intertwined, have such radical differences in perceptions of life and death is asking for a legal and social nightmare.

How long before the first Planned Parenthood located on the border between a blue and red states gets firebombed?
 
Not in any sensible manner.

Letting states, especially when they neighbor one another and are so deeply intertwined, have such radical differences in perceptions of life and death is asking for a legal and social nightmare.

How long before the first Planned Parenthood located on the border between a blue and red states gets firebombed?
We'll deal with criminal behavior when and where it happens. I'm not willing to suspend the Constitution because some people are afraid of what might happen if we maintain a state's limited authority to govern itself through a democratic process.
 
Each individual can only exercise their right to decide -- or any other right -- so long as they do not harm another while exercising that right.
Which is why a fetus, alive or not, has no right to life. The growth of a fetus is harmful, painful, and potentially deadly to a woman. Therefore she has every right to defend herself from it by using violent force if necessary regardless of whether it is alive or not.

Just as I can use violent force to extract a person from my Land, a woman most certainly has the right to use violent force to extract a fetus from her body.

Furthermore, the write that was taken from women by the court is the right to privacy. The government has no right to the knowledge of any person's medical status.
If you have cancer the government has no right to even know you have it.

The act of going to the doctor in and of itself does not harm anyone. Millions of women do it every day. Therefore, the government has no right to search and seize any documents or treatments you had while you were there.

Which, as I say and you folks on the left simply cannot process, is why the abortion debate has little to do with privacy. Even under Roe a woman lost her right to privacy (i.e. to abortion) during the third trimester.
This is because during the third trimester a woman's pregnancy is very overtly obvious. You don't need her or her doctor to tell you she is pregnant you can see it very clearly.
Furthermore, after viability, abortion is usually not significantly more dangerous to the mother than inducing an early pregnancy.
 
I'm not willing to suspend the Constitution because some people are afraid of what might happen if we maintain a state's limited authority to govern itself through a democratic process.

It has nothing to do with suspending the constitution.
 
Which is why a fetus, alive or not, has no right to life.
Simply put, that is your opinion. There are those who have a very different opinion. Our system of government calls on us to settle these differences through a democratic process where majority (sometimes a supermajority) rules. Legally speaking, you're in no position to make the declaration you have made here.

This is because during the third trimester a woman's pregnancy is very overtly obvious. You don't need her or her doctor to tell you she is pregnant you can see it very clearly.
Furthermore, after viability, abortion is usually not significantly more dangerous to the mother than inducing an early pregnancy.
This makes absolutely no sense. A woman has a right to bodily autonomy until she's showing?
 
You think that if it gives you comfort.

It is no comfort to know that you will accept any problematic ruling if it accomplished an end goal.

Because if you were really as concerned about constitutional adherence as you claim you would have raised alarm at the Court deciding they can carve out rights under whatever circumstances they deem unique.

But predictability, it's not.
 
The same purpose that every administrative subdivision has served since the inception of the concept: ease of administration.

That's not also not entirely relevant. The reason abortion shouldn't be left to the states is letting the constituent states of a Federation have such stark differences in laws is grounds for a political and social nightmare.

You seem to prefer to only observe this issue thought an isolated legal lens rather than the much deeper social matter that it presents.
The States are not a political subdivision of the federal government. The States are sovereign, just like the federal government. The US has a dual sovereignty doctrine. The federal government is further restricted to only the specific powers granted to them by the US Constitution. Whereas the States are only prohibited from exercising certain powers by the US Constitution. All other powers that the US Constitution does not specifically prohibit to the States belong to the States, or the people.

Since abortion, and healthcare in general, is not a power specifically granted to the federal government by the US Constitution they are prohibited from exercising that power. Furthermore, since the US Constitution does not prohibit the States from exercising regulatory power with regard to abortion, or healthcare in general, then only the States have the exclusive constitutional authority to regulate abortion, and healthcare in general.

To alter what I said above requires an amendment to the US Constitution, which requires much more than just a super majority of States.
 
The States are not a political subdivision of the federal government.

The States are an administrative subdivision of the United States. This is the case in every federation.
 

The death penalty is a matter of degree of punishment, and the distinction in the abortion debate is between whether it's a crime or not at all.
 
Yes they are. Sovereignty does not change that.
Of course it does. If you knew anything about the dual sovereignty doctrine of the US you would know that both the federal and State can charge someone over the exact same crime, and sentence them differently without violating the Double Jeopardy Clause of the Fifth Amendment. Furthermore, the dual sovereignty doctrine has also been applied to permit successive prosecutions by two States for the same conduct, and to permit a federal prosecution after a conviction in an Indian tribal court for an offense stemming from the same conduct.

If States were a political subdivision of the federal government then the federal government can require States to enforce federal law. They can't, and they never could, because the States are sovereign and not slaves of the federal government as much as you might desire it.
 
If States were a political subdivision of the federal government then the federal government can require States to enforce federal law.

They are an administrative subdivision, which is why you are still held to federal law no matter what state you reside it (with uncommon exceptions).

They can't, and they never could, because the States are sovereign and not slaves of the federal government as much as you might desire it.

Your inane beliefs of what you think I believe in are irrelevant.
 
They are an administrative subdivision, which is why you are still held to federal law no matter what state you reside it (with uncommon exceptions).



Your inane beliefs of what you think I believe in are irrelevant.
Incorrect on both count. The jurisdiction of the federal government is everything within the borders of the US. However, they are prohibited from interfering with States, including intra-State commerce, elections (except with regard to Congress critters), and they cannot require any State to enforce federal law.

You obviously have no clue what dual sovereignty means. I suggest you educate yourself and get a clue. Your civic illiteracy is showing once again. That's the price you pay for your leftist indoctrination.
 
Incorrect on both count.

Nope.

You are beholden to federal law regardless of which state you reside, and you cannot claim immunity from such by claiming state sovereignty. Because you are, above all, a citizen of the United States first and foremost, although you have the option and freedom to choose which administrative subdivision to live in.

Your civic illiteracy is showing once again. That's the price you pay for your leftist indoctrination.

One day someone will care for your rantings about nonsensical theories of constitutional interpretation. Today is not that day.
 
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