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Friday, June 29, 2012
Wednesday, January 4, 2012
Bumper Sticker Of The Day – If you are reading this, what aren’t you doing?
The legal issue of abortion in the United States is a classic Tenth Admendment and separation of powers issue. Discussing the legal aspects of the issue divides limited government, original intent or text interpretation advocates from big government with expansive, particularly judicial, powers advocates. Legally, the question is quite simple: Who among our governmental branches and layers decides such an issue?
The Tenth Amendment text is simple: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” If the Constitution doesn’t specifically say that the federal government can do something, it can’t (An even more blunt statement is that if the Constitution doesn’t specifically say the federal government can do something, it SHOULDN’T try to do it. But, that is an argument on corruption for another day). Like almost all crimes, abortion’s legality and restrictions are an issue for the individual states to decide.
Specifically, the critical issue about abortion is the beginning of human life—which determines, in turn, whether an abortion is the premeditated taking of human life, i.e., murder as defined in most states. There is not specific proof when such life begins in the womb; therefore, the issue is one of philosophical, religious, and moral policy. Under our system of separation of powers, such policy questions are left to the legislatures to decide—the states’ legislatures, each state acting according to the will of its people. To elevate such questions to the federal level corrupts the system, and, by definition, those who operate therein.
Tragically, the US court system, ending with the Supreme Court, corruptly seized legislative powers to decide when a mother’s rights end a fetus’s rights begin. The moral courage for the collective Supreme Court to issue a simple “It’s not our job,” ruling in Roe V. Wade simply was not there. The separate and enumerated powers, clearly stated in the Constitution to warn us of and to protect us from such corruption, were ignored by the very body that should have championed them. Shame on them in 1973. hame on their successors who care more about the power of their institution than the rights of the people, as clearly stipulated by the very document they take an oath to follow.
Why would such accomplished jurists do such a thing? I repeat my contention that there have been only two men in the history of the world who, when offered all power, refused it and returned to private life at the end of a crisis: Cincinnatus and George Washington. While there are many in government on all levels who daily eschew power, there always seem to be more who, when offered the chance to exercise power, garner it carefully and then abuse it to their own aggrandizement. What power is garnered in a simple “It’s not our job” ruling for Roe V. Wade? None. But, what power resides in the precedence of a long anticipated ruling—in the assumed brilliance of the dissection of a complex legal, and now, moral policy, issue? More than almost all men can resist.
The legal issue of abortion policies is and always has been a state legislature issue. It should be returned to the states by an honorable and courageous Supreme Court. How can that be done? It will require a committed populace that demands that its legislators to “cowboy up” and act like the representatives of the people that the Constitution dictated that they be. To do this requires our active participation in the larger, moral, arena where WE must determine the societal framework of our lives. A return of the legal machinations to what the Constitution dictates will surely follow.
More on this tomorrow.
Monday, January 2, 2012
2 January 2012 –
Bumper Sticker Of The Day – Can you handle the 10th Amendment?
There are two primary arena where one must fight the battle over abortion practices and policies in the United States. To be decisive, one must win in both arena; and, importantly, every question on the subject can be adequately answered in one or both arena.
The first battleground is a jurisdictional conflict. There we must determine again the proper venue for abortion legislation and its inevitable legal review. There are advantages, disadvantages, and dangers in deciding this question on the federal or the state level. The Constitution is clear on who has jurisdiction in such matters, but zealots on all sides have been wont to abuse the Constitution while pursuing a result—the unescapable, unintended consequences be damned.
The second arena is a larger, moral one. We must do at least the following in our own lives and in the political process that extends outward from the individual, the family, and the group of the like-minded: clearly prioritize the competing rights of the unborn, society, the individual, and the family; precisely determine the moral obligations our society has to protect, honor, and sustain life; and, consistently display the moral courage required to maintain those positions in the fray
More tomorrow.