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It's in the interest of the general welfare that the citizenry be healthy, and the government of the United States is explicitly empowered to enact laws for the general welfare.
If you slip into the canard that there's no explicit enumeration, then I could point to the US Coast Guard, the US Airforce, or the US Food and Drug Administration as also not explicitly enumerated in the Constitution.
The "United States" is not a person. The clause and all others refers to the STATES, not the PEOPLE that live in them
It's in the interest of the general welfare that the citizenry be healthy, and the government of the United States is explicitly empowered to enact laws for the general welfare.
If you slip into the canard that there's no explicit enumeration, then I could point to the US Coast Guard, the US Airforce, or the US Food and Drug Administration as also not explicitly enumerated in the Constitution.
What you've erroneously ascribed to the US Constitution is NOT what it says, at all.
Here's exactly what it says:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Any law US Congress makes has to fall under/apply to the specifically enumerated powers in Article 1 Section 8. That does NOT include healthcare nor does it include abortion, which is a form of healthcare as endlessly espoused by the pro-abortion contingent.
SCOTUS won't ban abortion. The most they can do is return the regulation of abortion to where it Constitutionally belongs: each respective state.
OK I meant to phrase it differently. States will be able to severely restrict it to the point of being banned in those states. And then Biden will pack the courts.
What you've erroneously ascribed to the US Constitution is NOT what it says, at all.
Here's exactly what it says:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Any law US Congress makes has to fall under/apply to the specifically enumerated powers in Article 1 Section 8. That does NOT include healthcare nor does it include abortion, which is a form of healthcare as endlessly espoused by the pro-abortion contingent.
You only partially quoted my post. You left out Article 1, Section 8, Clause 1, which I cited for the General Welfare clause.
You also dodged my point about the US Food and Drug Administration, et al, not being explicitly enumerated in the Constitution.
Even Thomas Jefferson stepped outside the constraint of explicit enumerated federal powers when he purchased Louisiana from the French.
The "United States" is not a person. The clause and all others refers to the STATES, not the PEOPLE that live in them
Correct, and here's how we know for sure: When the US Constitution refers to the states, it uses the words "state" or "states," such as it does in Article 1 Section 8. When the US Constitution refers to people, it specifically uses the words person/s, people, citizen/s, etc.
Examples:
"No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
"the right of the people to keep and bear Arms, shall not be infringed"
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude."
Should prove to be interesting. Can't imagine they'd have enough cohonies to reverse their bad ruling and give the power back to the individual states where it belongs.
You only partially quoted my post. You left out Article 1, Section 8, Clause 1, which I cited for the General Welfare clause.
That refers to the states, NOT to people (see my prior post). Read it:
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the UnitedStates; but all Duties, Imposts and Excises shall be uniform throughout the United States"
Quote:
You also dodged my point about the US Food and Drug Administration, et al, not being explicitly enumerated in the Constitution.
As the manufacturing, distribution, and sales of food and drugs fall under the interstate commerce umbrella, the Fed Gov has claimed regulation of food and drugs as its purview. Abortion is not an interstate commerce issue as we're talking about each state's regulatory laws that apply only within its own boundaries.
Quote:
Even Thomas Jefferson stepped outside the constraint of explicit enumerated federal powers when he purchased Louisiana from the French.
What in the hell are you talking about? Land purchase and other types of treaties are permitted by the Constitution. The Louisiana Purchase was a land treaty that received the consent of the Senate, so the Louisiana acquisition was completely Constitutional.
"He [POTUS] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur"
Both sides are wrong on this. Abortion should never be at the mere request of the mother to be, but should be mandatory if the mother to be is on any form of public assistance, and should also be sterilized, unless she can name the father to be, in which case he is sterilized.
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Originally Posted by Oldhag1
Dude........ no. We are not China.
No we are not, but we could certainly learn a thing or two from them
If it's time to overturn a decision that has been the law of the land for 50 years and is supported by over 60% of the American people, then it might be time to expand the court to correct that.
And neither of those two things matter.
That are not reasons to keep a “Law of the land”.
Unless you’re willing to foster in a positive manner, or are willing to accept the welfare state, I’m not sure how you can also then argue that abortion should be abolished.
Being a single mother, or a poor couple, is hard for raising a kid. And it’s not peachy for the kid either. Foster care is likewise no cakewalk, even if the foster homes are good. Adoption is best case, and it just doesn’t happen enough.
For me, there’s not enough room to acknowledge human error, the human drive for sex, or the other weighty parts which come along with a much narrower ability to access abortion. Like prostitution or weed, IMHO the cat’s out of the bag, and you can either pretend it’s better to stuff it underground the the attendant problems of prohibition, or acknowledge that it’s something you’ll have to live with even if you find it intensely distasteful, because you can then also mitigate the worst parts of seeking these illegally.
The unfortunate part is that the very definition of life is so vague that it’s hard to make a constitutional argument which is really able to be either affirmed or assailed. Nobody’s really going to be happy with whatever outcome there is.
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