Friday, November 18, 2005

He's right , you know

Prospective Supreme Court Justice Samuel Alito is under fire from leftist pro-abortion groups (shocking surprise, I know) for a controversial comment. He apparently wrote in 1985 the Constitution does not protect the right to an abortion. Shocked? You shouldn't be. He is absolutely correct.

Under the framework of the Constitution, anything not explicitly mentioned is reserved to the states or to the people- see the 10th Amendment if you don't believe me. Abortion, of course, is not mentioned in the Constitution. The federal government has no authority to either ban or promote abortion (e.g. Medicaid funding). On the other hand, the states have every right to legislate on the subject of abortion. Not until 1973 did a court find abortion to be a constitutional right in the (in)famous Roe v. Wade ruling.

This is optimistic, but I hope Alito will vote with John Roberts to overturn Roe. The issue of abortion will be taken out of the federal arena and back to the states where it belongs. Most states, I assume, will pass some restrictions without completely banning the procedure. Then the federal government can concern itself with its proper role, protecting the people from terrorists and cracking down on illegal immigration. Wishful thinking, perhaps.

3 comments:

Baby said...

Has someone seen my coathanger?

Chris said...

I agree with you halfway here.

Very true the Constitution says nothing about abortion, and those laws not mentioned are reserved for the states.

I'm not sure letting states deal with the matter will stop the abortion debacle. I think it will only make it worse. The right wing does not want abortion left up to the states, they want it outlawed completely and will not stop until there is a Constitutional Amendment banning it. Not that the left wing is any better on their stance either.

Because of this, I think Roe should be left alone

Jack Davis said...

MJ,

I cannot in a million years see a Constitutional amendment banning abortion passing. Two-thirds of each house and three-fourths of all the states agreeing on anything, let alone something this controversial? No way.