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HISTORICAL QUOTE OF THE WEEK - "Always bear in mind that your own resolution to succeed is more important than any other." ABRAHAM LINCOLN

Tuesday, March 27, 2007

THE CONSTITUTION PART VII - ABORTION

Fourteenth Amendment Section I- Due Process Clause -"...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

One of the most controversial Constitutional decisions and questions that has continually perplexed this nation since its first introduction is the Supreme Court's Decision in 1973 on abortion in the famous case of Roe vs. Wade.

In this landmark case the nine Justices of the Supreme Court using the Due Process Clause stating a right to privacy ruled that all state and federal laws outlawing abortion were unconstitutional and therefore since that time because of this decision abortion has been considered, "the law of the land."

First let me state for the record that as a conservative I am opposed to abortion but in writing this article my views on the matter are not what will be expressed nor will this be an article that argues the merits pro or con of abortion.

The sole purpose of this series is to look at the Constitution from an original intent view point and from the fact that the Framers in their collective wisdom in establishing the Constitution provided laws to govern this nation and provisions within the Constitution to adapt through the amendment process this foundation to societal changes. Additionally through this in depth look at our Constitution this series is attempting to reveal misconceptions in what is believed by many to be Constitutional fact and what is not.

The misconception from a strict Constitutional stand point that abortion is legal and the law of the land is arguably one of the most misunderstood and has created the greatest fire storm in our nations history.

Let me explain why. Regardless of ones view point concerning abortion the case of Roe vs. Wade which outlawed all state and federal laws banning abortion, while eliminating laws that prevented abortion DID NOT create any law legalizing abortion either.

The great misconception concerning a woman's, "Constitutional right, " to an abortion has created the idea that it is also a legislated fact that abortion is because of the Supreme Court decision, "law." Which is not the case at all.

Under the first three Articles of the Constitution the Framers of the Constitution established a well defined Separation of Powers between the three branches of government, The Executive, (the President), The Legislative, (The Congress), and the Judicial, ( Federal Courts). Additionally Section IV of Article IV also allows for the institution of this, "Republican Form of Government," (referring to our being a Constitutional Republic and not the party by the same name), for every State that is admitted to this Union.

In order for any matter to become law in The United States it first must be established and passed by the duly elected Legislative officers of the government. In the case of the Federal government this is the sole duty of the Congress. On the State level this duty falls to the individual state legislatures.

While many states have established legislation concerning abortion since 1973 and the Roe vs Wade decision on the federal level only a ban on Partial Birth Abortion currently exists and is being challenged waiting hearings by the Supreme Court. Also FACE, (Freedom of Access to Clinic Entrances Act), which provides for criminal and civil action against obstruction of entrance to an abortion clinic. This to is facing a First Amendment challenge before the Supreme Court. Other legislative initiatives that are pending cover a provision for elimination of federal funds for abortion.

The misconception that Abortion is, "the law of the land, " has thus created ongoing argument between Pro - Life and Abortion activists, continual debate within Congress with much discussion as to whether Roe vs. Wade should or should not be over turned but with the exception of the above mentioned duly voted on and passed federal legislative decisions there are no federal laws establishing whether abortion is legal or illegal therefore there is NO law stating that abortion is, "the law of the land." Only a Supreme Court decision on a particular case that over turned all existing anti-abortion laws that were in existence at the time of the decision in 1973.

While the debate concerning abortion and the protests for or against will continue in the nation the fact is the from a strict Constitutional stand point abortion in neither legal or illegal in this country because there have been no laws passed other than those already mention that legislate the status of this much argued and controversial subject.

Lawmakers in Congress realize this but because of the great controversy that abortion creates nationwide have as a whole refuse to address this subject from the stand point of the law as Congress Constitutionally establishes law thus allowing the misconception from a Constitutional stand point that abortion is, "the law of the land."

Ken Taylor

20 Comments:

Anonymous mudkitty said...

Abortion was legal at the time of the writing of the Constitution.

12:06 PM, March 27, 2007  
Blogger The Liberal Lie The Conservative Truth said...

It was neither legal or illegal bythe law then just as it is now Mudkitty. There has never been a law established actually legalizing abortion on the federal level. There has also never been a law established other than patial birth making abortion illegal either.

12:43 PM, March 27, 2007  
Anonymous Anonymous said...

I don't understand how someone's constitutional right to privacy
could out weigh someone's constitutional right to life.

Disect them, analyse them...
the results will read "Homosapien / Human".....
and they were definately alive.

Roe v Wade....is a crock

Bruce

6:42 PM, March 27, 2007  
Anonymous mudkitty said...

There is no someone...there is a pregnancy,


And KT, if it makes you feel any better, then just say that abortion wasn't illegal at the time of the writing of the constitution.

Don't lie.

11:10 PM, March 27, 2007  
Blogger The Liberal Lie The Conservative Truth said...

Mudkitty, If you had bothered to READ the post and my comment to you I stated that abortion is not now nor at the time the Constitution was written legal OR illegal. Accusing me of lying when you don't read things through is even beneath you!

11:23 AM, March 28, 2007  
Anonymous mudkitty said...

Don't pretend that things that aren't illegal aren't legal.

9:49 PM, March 28, 2007  
Anonymous Seth said...

So what you are saying, Ken, is that we are looking at a Court ruling that produced a gray area. This leaves the abortion issue open to interpretation by Congress and local legislatures, leaving them free to decide either way.

Mudkitty, you need to pay more attention when you read a post, which would lend more creedence to your comments on said post.

However... It would appear that the American people are taking a second look at the abortion issue as a whole, given the closings of Planned Parenthood and other abortion clinics around the country due to lack of sufficient business to keep them open.

11:26 PM, March 28, 2007  
Blogger Mike's America said...

I see you continue to indulge that moonbat kitty litter even though she just continues to pour out one ignorant, willfully ill informed statement after another.

Oi!

12:25 AM, March 29, 2007  
Blogger Vern1966 said...

OK, somebody help me with this, 'cuz there's obviously a legal complexity I'm overlooking. When something isn't ILLEGAL, doesn't that, by definition, make it...?.....???........well?.......

My understanding is that the federal government cannot ban the practice. Great. I don't "support abortions" any more than most folks who, nonetheless, support the right of the woman carrying the foetus to decide to bring it into the world or not. Not only is the subject of when life begins highly debatable, but highly subjective. I for one believe that the relevant question is not when the foetus becomes "alive" (conception), but when it becomes an independent, sentient being (birth). But what I believe and what you believe is beside the point. What is important is what the pregnant woman believes.

But all that aside, if men also gave birth, you'd be able to get an abortion with a shoe shine.

2:28 AM, March 29, 2007  
Anonymous mudkitty said...

The fact remains, abortion was legal at the time of the writing of the United States Constitution.

11:30 PM, March 29, 2007  
Anonymous mudkitty said...

Hence, the point of the post is moot, and that's the polite term for it.

9:12 AM, March 31, 2007  
Blogger Robert said...

Vern, you are somewhat right. If men had to carry the child, the human species would have been extinct centuries ago!

11:43 AM, April 02, 2007  
Anonymous mudkitty said...

Great....fizzle...

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